A Senate health committee is poised to revisit the issue of medical liability reform just three months into the 110th Congress. But it is not clear how the pertinent legislation -- which has bipartisan backing -- will fare in the Democratic-controlled Congress.
In fact, it's uncertain whether the Senate Health, Education, Labor and Pensions, or HELP, Committee, will even approve the legislation and send it to the floor of the Senate for a vote.
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Medical Liability Reform Soon May Be on Congress' Agenda -- Again
Sen. Michael Enzi, R-Wyo., the ranking Republican member of the HELP Committee, plans to re-introduce in late March a bill he originally put forth during the 109th Congress to give certain states the necessary funds to develop and implement nonlitigation-based alternatives for resolving medical malpractice disputes. The legislation, known last year as the Fair and Reliable Medical Justice Act, or S. 1337, and co-sponsored by Sen. Max Baucus, D-Mont., would award $5 million for 10 demonstration grants to establish alternatives to malpractice lawsuits to settle injury disputes between patients and physicians.
The legislation also would give independent organizations engaged in voluntary efforts to improve patient safety and the quality of health care delivery the ability to collect and analyze patient data related to these disputes, ultimately improving the quality of health care, said David Schmickle, a member of Enzi's staff who works on the HELP Committee.
"I think it is good for patients because it will resolve issues faster," said Schmickle. "I think it is good for doctors because it makes sure that an emotional jury is not an arbiter of facts."
In the final analysis, the legislation is "good for the system" because it will capture pertinent patient information and outcomes data, Schmickle commented.
In the previous Congress, S. 1337 was pushed aside by efforts to pass legislation capping noneconomic damages awarded in medical liability cases, not even making it out of committee. This year, Congress is unlikely to address legislation capping noneconomic damages, making Enzi’s bill the best option for medical liability reform in 2007, said Schmickle. The Enzi legislation is similar to a bill sponsored last year by Sens. Hillary Clinton, D-N.Y., and Barack Obama, D-Ill., so it should attract some Democratic support, said Schmickle.
The legislation also would give independent organizations engaged in voluntary efforts to improve patient safety and the quality of health care delivery the ability to collect and analyze patient data related to these disputes, ultimately improving the quality of health care, said David Schmickle, a member of Enzi's staff who works on the HELP Committee.
"I think it is good for patients because it will resolve issues faster," said Schmickle. "I think it is good for doctors because it makes sure that an emotional jury is not an arbiter of facts."
In the final analysis, the legislation is "good for the system" because it will capture pertinent patient information and outcomes data, Schmickle commented.
In the previous Congress, S. 1337 was pushed aside by efforts to pass legislation capping noneconomic damages awarded in medical liability cases, not even making it out of committee. This year, Congress is unlikely to address legislation capping noneconomic damages, making Enzi’s bill the best option for medical liability reform in 2007, said Schmickle. The Enzi legislation is similar to a bill sponsored last year by Sens. Hillary Clinton, D-N.Y., and Barack Obama, D-Ill., so it should attract some Democratic support, said Schmickle.
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