Medical liability reform
For those who are injured by medical care, a just legal outcome is crucial. But too many lawsuits today are frivolous, and not enough medical victims are fairly compensated.
Medical liability in primary care
Today's medical liability system fails patients as well as health care providers. Excessive damage awards, exorbitant attorneys’ fees, rising malpractice premiums and costly defensive medicine practices have greatly contributed to rising health care costs and undermined the role of the physician.
A growing number of states are adopting tort-reform provisions that require plaintiffs to present "clear and convincing evidence" of provider malpractice, recognizing — as the AAFP does — that a higher threshold of proof is an essential component of lasting reform.
The AAFP's advocacy for medical liability reform
The Academy calls for medical liability reform that delivers prompt compensation to those truly injured in the course of medical care while preventing the needless diversion of limited health care dollars and leads family physicians to practice defensive medicine.
Additionally, the AAFP has long advocated for
Limits on non-economic damage awards and supported limits on attorneys’ contingency fees and requirements that awards be reduced by the amount of compensation derived from collateral sources,
The replacement of joint and several liability with proportionate liability, so that each party would pay a share of a malpractice award based on the proportion for which he or she is liable, with the allowance of periodic payments of future damages at a defined award limit, and
Establishing a fair and equitable medical-legal environment that protects patients and family physicians.