Medical Liability Reform
Current
As a member of the Health Coalition on Liability and Access (HCLA),
the AAMC continues to advocate in support of comprehensive medical
liability reform legislation that includes:
- Unrestricted awards for economic damages;
- A $250,000 cap on non-economic damages ("pain and suffering");
- Capping punitive damages at the greater of $250,000 or twice
economic damages;
- Limits on attorneys' contingency fees;
- "Joint and several liability" reforms;
- No double recovery of damages; and
- Payment of certain awards over time.
During his January 31, 2006, State of the Union Address and again
in his FY 2007 Budget Proposal, President Bush reiterated his commitment
to comprehensive medical liability reform. In his FY 2007 budget
plan, the President highlights the medical liability issue as one
of several health insurance reforms that could reduce healthcare
costs and increase access to affordable health coverage.
During the first session of the 109th Congress, the House of Representatives
passed (230-194) the "Help Efficient, Accessible, Low-cost,
Timely Healthcare Act of 2005" (H.R.
5), which outlines comprehensive medical liability reforms that
are supported by the AAMC. The legislation had been introduced by
Reps. Phil Gingrey (R-Ga.) and Lamar Smith (R-Texas).
AAMC-supported liability reforms are also included in "The
Healthy America Act of 2005" (S.
4), which Senate Majority Leader Bill Frist (R-Tenn) introduced
during the first session. However, the Senate has not yet taken
up the issue. Moreover, S.4 is a broad-based Republican healthcare
bill that also addresses health savings accounts, health information
technology, and other options to improve the affordability and accessibility
of healthcare.
In addition to advocating on behalf of comprehensive medical liability
reform, the AAMC supports the "Community Health Center Volunteer
Physician Protection Act of 2005" (S.
1058/H.R.
1313), which offers Federal Tort Claims Act (FTCA) coverage
to licensed physicians who volunteer at community health centers
(CHCs).The bicameral, bipartisan legislation was introduced by Rep.
Tim Murphy (R-Pa.) and Sen. Rick Santorum (R-Pa.) on March 15, 2005
and May 17, 2005, respectively.
In a May 10 letter of support
for the legislation, the AAMC credits CHCs with providing "unique
learning environments and experiences for many medical students
and residents." The letter praises the bill for helping "CHCs
maintain these valuable patient care and medical education activities."
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