Medical Malpractice Legislation Gains Traction in House, Senate

The AAFP has strongly endorsed a medical malpractice reform bill that would allow states to develop alternative methods for resolving medical malpractice lawsuits.

The Fair and Reliable Medical Justice Act of 2007 (at the THOMAS Web site, type "HR 2497" or "SB 1481" in the search box after selecting "Bill Number"), H.R. 2497 in the House and S.B. 1481 in the Senate, would award as many as 10 grants to states to develop and evaluate alternatives to litigation for resolving claims for injuries allegedly caused by health care providers. This could include the establishment of health care courts for resolving disputes.

If enacted, the legislation would "change the liability system in this country," said AAFP Board Chair Larry Fields, M.D., of Flatwoods, Ky., during a Capitol Hill press briefing on May 24.

"The system we have now is little better than extortion," said Fields, one of 12 speakers to address the briefing. "This has to end. We have got to get the payments to the people who are injured as fast as we can, and we have to protect the physicians and other caregivers in this country from the threat of being dragged through the courts on a frivolous matter for years and years."

According to Fields, other countries with more equitable and effective ways of resolving malpractice disputes share two common traits: a primary care system with an emphasis on patient-centered medical homes and liability reforms similar to the ones contained in the House and Senate legislation.

Physicians and other health care providers spend billions each year conducting unnecessary tests and procedures to protect themselves against the threat of malpractice lawsuits, said Fields. "That money could be used to take care of an elderly person or to help someone who doesn't have insurance or to cure a sick child. Instead it goes into the pockets of trial attorneys."

"What we are trying to do is give first aid to medical liability," said Sen. Michael Enzi, R-Wyo., one of the sponsors of the Senate version of the bill. "We are trying to provide a fair and fast and just system for people to get compensated."

Enzi said passage of the legislation would "free up doctors so they can be in the operating room instead of the court room." He also predicted that the bill's passage would eliminate a "lot of duplication of tests that are done now in order to prevent lawsuits."

Enzi introduced a similar bill last year, but that bill did not make it out of the Health, Education, Labor and Pensions Committee. Unlike last year's legislation, however, this year's bill has bi-partisan support, which greatly increases the chances it will pass the House and Senate.

If passed, the legislation would provide funds for HHS to award $500,000 grants to selected states. States receiving the grants would be required to develop alternatives to litigation for resolving medical malpractice claims and reducing medical errors. They also would be required to show how their plans would provide prompt and fair dispute resolution while encouraging early disclosure of medical errors and enhancing patient safety.

The states would have to demonstrate how their plans would ensure access to liability insurance while providing patients with notification and a choice to opt out. In addition, the state plans must allow for the collection and analysis of patient safety data. The bill also allows state plans to cover a geographic region, an area of health care practice, or a group of health care providers or organizations. HHS will give preference to state plans developed with relevant stakeholders that enhance patient safety without going against state law.