Tort Reform - Medical Malpractice

Size: px
Start display at page:

Download "Tort Reform - Medical Malpractice"

Transcription

1 Tort Reform - Medical Malpractice Country: USA Partner Institute: The Commonwealth Fund, New York Survey no: (3)2004 Author(s): Robin Osborn Health Policy Issues: Political Context, Quality Improvement, Access, HR Training/Capacities Current Process Stages Idea Pilot Policy Paper Legislation Implementation Evaluation Change 1. Abstract The immediate goal of tort reform is to curb the frequency of medical malpractice claims and decrease the magnitude of compensation payments. The broader goals are to stabilize liability insurance markets and provide relief to providers who are troubled by the cost or lack of availability of liability coverage. It is too soon to judge the impact of the most recent wave of tort reforms, but studies from earlier eras provide some information about their likely efficacy. 2. Purpose of health policy or idea A medical malpractice crisis is unfolding in the United States today. The American Medical Association (AMA) has identified 18 states in which physicians and institutional health care providers are experiencing grave difficulties obtaining affordable professional liability insurance. In the last two years, physicians from these states in high-risk specialties such as obstetrics, emergency medicine, general surgery, surgical subspecialties, and radiology have experienced increases in their liability insurance premiums of 10 to 50 percent. In 2003, for example, obstetricians in Florida paid between $125,000 and $250,000 for insurance, depending on the carrier they used; surgeons in Texas paid up to $110,000. According to the AMA, another 26 states are on "orange alert," with indicators suggesting a serious and worsening situation. Physicians in West Virginia, New Jersey, Florida, Pennsylvania, Mississippi, Illinois, Texas, and Missouri have held or threatened work stoppages to draw attention to their plight, and several hospitals in the hardest-hit states have temporarily closed or threatened to close emergency room, obstetric, or other services. Most providers and insurance companies, along with the Bush Administration and many in Congress, advocate damages caps and other traditional tort reforms. These moves are driven, in part, by the perception that a significant increase in the frequency of high-end awards. Between 1991 and 2001, the number of payments of $1 million or more reported to the National Practitioner Data Bank (a federal repository of information on closed claims) more than doubled. The leading liability reform bill at the federal level has as its centerpiece a $250,000 cap on noneconomic ("pain and suffering") damages. Similar measures are being considered, or have been enacted, at the state level. These reforms are designed to curb payouts in medical malpractice claims and increase the predictability of payouts. If successful, it is anticipated that tort reforms will alleviate the costs of liability insurance premiums for physicians. However, since many reforms also constrain litigants' ability to recover compensation in the event of an injury, the reforms also affect patients/plaintiffs

2 Traditional tort reforms divide roughly into three families. Reforms in the first family are characterized by measures that limit access to the courts. For example, laws shortening statutes of limitations or statutes of repose contract the time within which plaintiffs are permitted to lodge their claims. Screening panels and expert witness requirements may also be used to limit access by forcing the litigants to have the merits of their case scrutinized before they reach court. A second family of reforms targets liability rules. For example, eliminating joint-and-several liability means that a plaintiff may recover from multiple defendants only in proportion to their respective contributions to causing the injury. Some legislatures have also introduced rules changing standards for informed consent, expert witnesses, and the evidence required to prove negligence in certain circumstances. The third family of reforms directly addresses the size of awards. Legislators have been particularly enthusiastic about this type of reform in the current crisis-a reaction that is no doubt due to the view (for which there is growing evidence) that large increases in damages awards, particularly the incidence of multi-million dollar awards, has fuelled the current crisis (R. A. Bovbjerg & Bartow, 2003). Caps on damages are by far the most prominent member of this family. A few states have applied caps to the total award, but most focus on noneconomic and/or punitive damages. Caps permit insurers to better predict losses and stabilize premiums by setting limits and limiting exposure from case to case. Because personal injury lawyers are generally paid on a contingent fee basis, earning nothing if they lose and a share of the award if they win (typically, around 35%), caps also stifle volume by ensuring that fewer cases hold the promise of a favorable return. An more direct alternative, in place in about a third of the states, is to regulate attorney fees directly. Several other measures in this third family of reforms have formed part of recent tort reform packages. "Collateral source offset" rules reduce awards by denying plaintiffs compensation for losses that are recouped from other sources, such as health insurance. "Periodic payment" requirements mean that future losses are not available in a lump sum but must be collected in installments over many years. Main objectives The immediate goal of tort reform is to curb the frequency of medical malpractice claims and, among claims that are successful in obtaining payments, decrease the magnitude of those payments. The broader goals are to stabilize liability insurance markets and provide relief to providers who are troubled by the cost or lack of availability of liability coverage. Type of incentives Tort reforms are designed to change the incentives of plaintiffs' attorneys who bring the litigation, ensuring (in a system based on contingency fees) that fewer cases hold the promise of a favorable return on the attorney's investment. Tort reforms are also aimed at comforting commercial insurers offering liability insurers; it is hoped that the greater stability such reforms promise will encourage insurers to continue offering insurance, and that they will do so at reasonable rates. Groups affected Patients/plaintiffs, providers, (physicians and hospitals), liability insurers, trial attorneys 3. Characteristics of this policy Degree of Innovation traditional innovative Degree of Controversy consensual highly controversial Structural or Systemic Impact marginal fundamental Public Visibility very low very high - 2 -

3 Transferability strongly system-dependent system-neutral At best, tort reforms will help control the current crisis, and forestall the (almost inevitable) next one. However, remedying the fundamental failings of the malpractice system requires more sweeping reform. 4. Political and economic background Two critical policy issues distinguish the current malpractice crisis from crises experienced in previous eras. First, the health care industry today has much less capacity to absorb sudden increases in insurance premiums. In the 1980s, hospitals and physicians could generally pass through a significant portion of such costs to payers. The spread of managed care, the advent of strong price controls in Medicare, and the widespread adoption of fee schedules by private insurers have lowered net incomes, rendering physicians less able to cope with hikes in their practice costs than in earlier tort crises. Second, the present crisis occurs in the shadow of the new patient safety movement. The main difference in the policy response to the current crisis differs, as opposed to previous ones, relates to the involvement of the federal government in tort reform efforts. Historically, tort reform has been an issue left in the hands of the states, consistent with the decentralized nature of state courts which are responsible for adjudicating malpractice claims. Today, the federal government is probably more involved than ever before. Federal government departments have issued a number of reports clarifying concerns about the growing body of litigation, and a number of tort reform bills have been introduced in Congress. None have passed both houses, but the President has indicated his interest in signing a tort reform bill when and if one passes the Congress. 5. Purpose and process analysis Idea Pilot Policy Paper Legislation Implementation Evaluation Change Origins of health policy idea As noted above, the immediate goal of tort reform is to curb the frequency of medical malpractice claims and, among claims that are successful in obtaining payments, decrease the magnitude of those payments. The broader goals are to stabilize liability insurance markets and provide relief to providers who are troubled by the cost or lack of availability of liability coverage. Providers and liability insurers are the driving forces behind much of the tort reform activity. Their principal opponents in trying to convince policymakers of the value of tort reforms are trial attorneys (and the professional organizations that represent them). Some legislators have an independent interest in enacting tort reforms: they believe the current liability environment is "out of control" and threatens access to care (through physicians leaving practice or refusing certain types of patients). There have been two previous waves of tort reforms, in response to crises in the mid-1970s and mid-1980s. Tort reforms are almost exclusively a product of state legislatures, although there has been some activity at the federal level (but no actual legislation to date). Stakeholder positions - 3 -

4 Providers (particularly organized medicine) and liability insurers are the strongest supporters The trial bar (most notably, plaintiffs' attorneys through the American Trial Lawyers Association) are the strongest opponents; they are sometimes joined by consumer advocacy and patients' rights organizations The US General Accounting Office and the Office of the Assistant Secretary for Planning and Evaluation have both released policy papers on the topic of state tort reforms over the last few years (see reading list, above). The two major political parties in the United States tend to hold opposing positions on the appropriateness of tort reforms, and have clashed openly about the wisdom of caps on damages. Organized medicine and the insurance industry welcome the Bush Administration's focus on damages caps. The trial bar is a powerful constituency for the Democratic party, and these groups tend to join forces in resisting this reform, as well as any other attempts at changes to the civil justice system that make it more difficult for plaintiffs to bring claims, win cases, or obtain "full" compensation. Influences in policy making and legislation Tort reform consists of the sort of the formal legislative measures described under question 3 above. Definitionally, they take the form of legislation. The key stakeholders are the providers and insurers (who strongly support the reforms) and trial attorneys and consumer advocacy organizations (who strongly oppose the reforms. In general, patients appear to be against the reforms, although there opposition cannot be characterized as strong. This may be partly due to lack of organization or voice; but at least part of the explanation is that this issue is not at the forefront of consumer issues in American health policy. Plaintiffs care about restrictions on damages and access to the courts following medical injury, but most patients do not become plaintiffs. Moreover, trial lawyers are often not held in high esteem so it is not a natural coalition. Legislative outcome Adoption and implementation The key agencies with respect to implementation are states courts. The courts control the implementation of many of the reforms (e.g. caps on damages, collateral source offsets, shortening of statutes of limitations, etc.). Though only a fraction of malpractice lawsuits proceed to jury trial (approximately 5-10%, nationwide), most claims are filed as lawsuits with the court, meaning that the formal legal processes run by the courts have authority over them. Monitoring and evaluation There is no formal process for evaluating or reviewing the impact or efficacy of tort reforms. The critical indicators for physicians are (1) the impact of on rates of increase of liability premiums charged by insurers; (2) the availability of liability insurance; (3) rates of claiming; (4) the magnitude of payouts. (1) and (2) are readily apparent as physicians pay and renew policies annually. (3) and (4) are more difficult to detect at the population level because there is always a fairly wide distribution associated with these phenomena. Previous research has sought to measure these impacts, Regression analyses controlling for the presence of state characteristics (see readings noted in under question 3.1 above). Similar empirical evaluations are likely to follow the current crisis, although we should not expect to see findings from such analyses for several years

5 6. Expected outcome It appears likely, based on previous research, that specific tort reform measures-particularly caps on noneconomic damages and collateral source offset rules-will decrease payouts and possibly also frequency of claims in the medium term (2-5 years). Research has suggested that their impact on liability insurance premiums is mixed; some relief in the medium term is also a distinct possibility, although many other factors influence the calculation of premiums. The undesirable effects depend on the specific type of reform. In general, limitations are placed either on damages paid to plaintiffs' damages, or on plaintiffs' ability to use the legal system to seek compensation for medical injuries. An undesirable effect of caps, which critics have drawn attention to, is that they are regressive: patients who suffer the severest injuries are much more likely to have their compensation reduced by a cap than patients who suffer minor injuries. Because the cap typically applies to noneconomic damages only, there is also a concern that litigants for whom noneconomic damages tend to account for a relatively larger portion of the award-namely, women and the elderly-are disproportionately disadvantaged. Effects on costs: potentially lower costs for the health care system, especially if tort reforms have an appreciable impact on the practice of "defensive medicine" Effects on access: in theory, tort reforms improve access. By reducing threats of liability, it is argued, physicians are less likely to leave practice, relocate, or avoid risk procedures or patients. The evidence that this occurs, however, is not strong, partly because the relationship between litigation and access is not well understood. There is little if any evidence of significant threats to access (e.g. obstetrical care, emergency treatments) from previous malpractice crises, although this threat always looms large in the debate and commands the attention of policymakers. Effects on quality. There is an argument, made by proponents of tort reforms, that reducing litigation problems for physicians' may improve their satisfaction, which in turn may improve the quality of care they deliver. On the other hand, the argument made by opponents of tort reforms is that clamping down on litigation reduces incentives for providers to take care, which adversely impacts quality. There is little solid evidence in either direction. The best view is probably that tort reforms have little or no impact on quality-they neither improve it nor adversely effect it, and they are not designed for either purpose. Academic commentators have argued for a number of more radical reforms using they argument that they promote quality, or at least are more compatible with the independent efforts of health care providers to improve quality. These broader reforms include: (1) use of alternative mechanisms to resolve disputes; (2) dispensing with the negligence as the basis for compensation ("no-fault"); and (3) locating responsibility for all accidents within an organization at the institutional level ("enterprise liability"). Several prominent organizations, including the Institute of Medicine, have endorsed experimentation with such reforms. But despite their theoretical appeal from a patient safety perspective, the political will to test such models does not appear to exist currently. Quality of Health Care Services marginal fundamental Level of Equity system less equitable system more equitable Cost Efficiency very low very high Some conventional tort reforms appear to be effective in reducing litigation costs and stabilizing insurance markets. However, they are not designed to exert any significant positive influences on quality of care or patient safety, nor will they

6 7. References Sources of Information Bovbjerg RR. Legislation on medical malpractice: further developments and a preliminary report card. UC Davis Law Rev 1989;22: Bovbjerg RR, Bartow A. Understanding Pennsylvania's Medical Malpractice Crisis. medliabilitypa.org/research/report0603/understandingreport.pdf (28 July 2003). Danzon PM. The frequency and severity of medical malpractice claims: new evidence. Law Contemp Probs 1986;49: Kessler D, McClellan M. Do Doctors Practice Defensive Medicine? Quarterly Journal of Economics 1996;111: Kinney, ED, Malpractice reform in the 1990s: past disappointments, future success? J Health Polit Pol'y Law 1995;20: Mello MM, Studdert DM, Brennan TA. The new medical malpractice crisis. New England Journal of Medicine 2003;348: Office of the Assistant Secretary for Planning and Evaluation, Department of Health and Human Services. Addressing the New Health Care Crisis: Reforming the Medical Litigation System to Improve the Quality of Health Care. March 3, Sage WM. Understanding the first malpractice crisis of the 21st century, in 2003 Health Law Handbook (Alice G. Gosfield, ed.). St. Paul, Minnesota: West Group: 2003 (in press). Sloan, FA. State responses to the malpractice insurance "crisis" of the 1970s: an empirical assessment. J Health Polit Pol'y Law 1985;9: Sloan FA, Mergenhagen PM, Bovbjerg RR. Effects of tort reforms on the value of closed medical malpractice claims: a microanalysis. J Health Polit Pol'y Law 1989;14: Studdert DM, Brennan TA, Thomas EJ. Beyond dead reckoning: Measures of medical injury burden, malpractice litigation, and alternative compensation models from Utah and Colorado. Indiana Law Rev 2000;33: Studdert DM, Mello MM, Brennan TA. Medical malpractice. New England Journal of Medicine, 2004;350: Thorpe KE. The medical malpractice 'crisis': Recent trends and the impact of state reforms," Health Affairs, January 21, 2004 (http://content.healthaffairs.org/cgi/reprint/hlthaff.w4.20v1.pdf) United States General Accounting Office, Medical malpractice insurance: Multiple factors have contributed to increased premium rates. GAO Washington DC: GAO, Zuckerman S, Bovbjerg RR, Sloan F. Effects of tort reforms and other factors on medical malpractice insurance premiums. Inquiry 1990;27: Author/s and/or contributors to this survey Robin Osborn - 6 -

7 Suggested citation for this online article Robin Osborn. "Tort Reform - Medical Malpractice". Health Policy Monitor, 24 June Available at -

October 9, 2009. Honorable Orrin G. Hatch United States Senate Washington, DC 20510. Dear Senator:

October 9, 2009. Honorable Orrin G. Hatch United States Senate Washington, DC 20510. Dear Senator: CONGRESSIONAL BUDGET OFFICE U.S. Congress Washington, DC 20515 Douglas W. Elmendorf, Director October 9, 2009 Honorable Orrin G. Hatch United States Senate Washington, DC 20510 Dear Senator: This letter

More information

QUESTION NO. 3. Amendment to Titles 1 and 3 of the Nevada Revised Statutes. CONDENSATION (ballot question)

QUESTION NO. 3. Amendment to Titles 1 and 3 of the Nevada Revised Statutes. CONDENSATION (ballot question) QUESTION NO. 3 Amendment to Titles 1 and 3 of the Nevada Revised Statutes CONDENSATION (ballot question) Shall Title 1 of the Nevada Revised Statutes governing attorneys, and Title 3 of the Nevada Revised

More information

RESOLUTION 108-2011. Injured Patients and Families Compensation Fund. Health Insurance Coverage and Access

RESOLUTION 108-2011. Injured Patients and Families Compensation Fund. Health Insurance Coverage and Access RESOLUTION 108-2011 Albert L. Fisher, MD 1 2 3 4 5 6 7 Whereas, Wisconsin physicians have paid billions of dollars into the Injured Patients and Families Compensation Fund over the last 35 years, for which

More information

RAND Health. WR-966 May 2011. a working paper. is a registered trademark.

RAND Health. WR-966 May 2011. a working paper. is a registered trademark. Congressional Memo Potential Impacts of Federal Medical Malpractice Interventions An assessment based on available evidence Arthur L. Kellermann, James N. Dertouzos RAND Health WR-966 May 2011 RAND working

More information

Public Policy Position

Public Policy Position ISSUE In line with the overall tort system, the purpose of medical malpractice liability is to compensate patients who suffer an injury as a result of medical negligence. However, an effective tort system

More information

This briefing paper summarizes the measures the Montana Legislature has put into place to improve the state's medical liability climate.

This briefing paper summarizes the measures the Montana Legislature has put into place to improve the state's medical liability climate. SRJ 35: Study of Health Care Medical Malpractice: Montana's Approach to Limiting Liability by Sue O'Connell, Research Analyst Prepared for the Children, Families, Health, and Human Services Interim Committee

More information

The Effects of Tort Reforms on the Frequency and Severity of Medical Malpractice Claims

The Effects of Tort Reforms on the Frequency and Severity of Medical Malpractice Claims The Ohio State University Knowledge Bank kb.osu.edu Ohio State Law Journal (Moritz College of Law) Ohio State Law Journal: Volume 48, Issue 2 (1987) 1987 The Effects of Tort Reforms on the Frequency and

More information

The Facts About Medical Malpractice in Pennsylvania Congress Watch March 2004

The Facts About Medical Malpractice in Pennsylvania Congress Watch March 2004 The Facts About Medical Malpractice in Pennsylvania Congress Watch March 2004 Public Citizen s Congress Watch i Medical Malpractice in Pennsylvania Executive Summary Section I: Lawsuits Are Not Responsible

More information

Testimony Before: Senate Codes, Health & Insurance Committees. 10:00 a.m. Hearing Room B, Legislative Office Building Albany, NY

Testimony Before: Senate Codes, Health & Insurance Committees. 10:00 a.m. Hearing Room B, Legislative Office Building Albany, NY Testimony Before: Senate Codes, Health & Insurance Committees Tuesday, December 1, 2009 10:00 a.m. Hearing Room B, Legislative Office Building Albany, NY Presented By: Dr. William Doscher, MD, FACS Legislative

More information

Special Report. Physician medical malpractice. Introduction. Coverage of malpractice costs under Medicare Part B

Special Report. Physician medical malpractice. Introduction. Coverage of malpractice costs under Medicare Part B Special Report Physician medical malpractice by Jean LeMasurier Malpractice insurance premiums for physicians have increased at an average rate of over 30 percent per year. This rate is significantly higher

More information

The End of Malpractice Litigation? Improving Care and Communications to Reduce Risk

The End of Malpractice Litigation? Improving Care and Communications to Reduce Risk 21 st Annual Health Law Institute 2015-8635 March 13, 2015 Session #2 10:30 am 12:00 noon The End of Malpractice Litigation? Improving Care and Communications to Reduce Risk Charles J. Chulack, III, Esq.

More information

CBO. Limiting Tort Liability for Medical Malpractice

CBO. Limiting Tort Liability for Medical Malpractice CBO Limiting Tort Liability for Medical Malpractice A series of issue summaries from the Congressional Budget Office JANUARY 8, 2004 The past few years have seen a sharp increase in premiums for medical

More information

Department of Legislative Services Maryland General Assembly 2004 Session

Department of Legislative Services Maryland General Assembly 2004 Session Department of Legislative Services Maryland General Assembly 2004 Session HB 1237 FISCAL AND POLICY NOTE House Bill 1237 Judiciary (Delegate Vallario, et al.) Health Care Malpractice - Mandatory Mediation

More information

Malpractice Risk According to Physician Specialty

Malpractice Risk According to Physician Specialty T h e n e w e ngl a nd j o u r na l o f m e dic i n e special article Malpractice Risk According to Physician Specialty Anupam B. Jena, M.D., Ph.D., Seth Seabury, Ph.D., Darius Lakdawalla, Ph.D., and Amitabh

More information

Idea Pilot Policy Paper Legislation Implementation Evaluation Change

Idea Pilot Policy Paper Legislation Implementation Evaluation Change Medical Indemnity Country: Australia Partner Institute: Centre for Health, Economics Research and Evaluation (CHERE), University of Technology, Sydney Survey no: (1)2003 Author(s): Marion Haas Health Policy

More information

The Medical Liability Crisis and its Impact on Patients

The Medical Liability Crisis and its Impact on Patients February 5, 2003 he Medical Liability risis and its Impact on Patients On January 28, President Bush called on ongress to renew efforts to protect America s patients, doctors, and hospitals from the staggering

More information

H.R. 5 Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003

H.R. 5 Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003 CONGRESSIONAL BUDGET OFFICE COST ESTIMATE March 10, 2003 H.R. 5 Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003 As ordered reported by the House Committee on Energy and Commerce

More information

TABLE OF CONTENTS. 1 Introduction. 2 Findings. 15 Implications for Policy-Makers. 16 The Need for Additional Information APPENDICES

TABLE OF CONTENTS. 1 Introduction. 2 Findings. 15 Implications for Policy-Makers. 16 The Need for Additional Information APPENDICES TABLE OF CONTENTS 1 Introduction 2 Findings 15 Implications for Policy-Makers 16 The Need for Additional Information APPENDICES 17 Appendix I References 20 Appendix II Methodological Discussion 24 Appendix

More information

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION Arizona State Senate Issue Paper June 22, 2010 Note to Reader: The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members of the

More information

Advocate Magazine March 2011. Why medical malpractice still matters.

Advocate Magazine March 2011. Why medical malpractice still matters. Advocate Magazine March 2011 Why medical malpractice still matters. Despite MICRA limitations, medical-negligence claims still have a crucial role in society BY BRUCE G. FAGEL We all know the statistics

More information

Medical Malpractice BAD DOCTORS. G. Randall Green, MD, JD St. Joseph s Hospital Health Center Syracuse, New York

Medical Malpractice BAD DOCTORS. G. Randall Green, MD, JD St. Joseph s Hospital Health Center Syracuse, New York Medical Malpractice BAD DOCTORS G. Randall Green, MD, JD St. Joseph s Hospital Health Center Syracuse, New York The nature of the crisis US not in a medical malpractice litigation crisis US in a medical

More information

Medical malpractice Update

Medical malpractice Update Medical malpractice Update Michelle M. Mello, J.D., Ph.D., M.Phil., 1 Allen Kachalia, M.D., J.D., 2 and Sarah Goodell, M.A. 3 This update draws on research conducted by Michelle Mello and Allen Kachalia

More information

Bracing for change Medical professional liability (MPL) insurance costs at a crossroads

Bracing for change Medical professional liability (MPL) insurance costs at a crossroads February 2011 Bracing for change Medical professional liability (MPL) insurance costs at a crossroads At a glance The effects of the healthcare reform law, changing market conditions, emerging societal

More information

Background Paper 79-5 PRODUCT LIABILITY

Background Paper 79-5 PRODUCT LIABILITY Background Paper 79-5 PRODUCT LIABILITY PRODUCT LIABILITY Product liability refers to the legal responsibility by the manufacturer or marketer of a product for any bodily injury or property damage caused

More information

128 HEALTH AFFAIRS. Medical Malpractice: Claims, Legal Costs, And The Practice Of Defensive Medicine

128 HEALTH AFFAIRS. Medical Malpractice: Claims, Legal Costs, And The Practice Of Defensive Medicine 128 HEALTH AFFAIRS Medical Malpractice: Claims, Legal Costs, And The Practice Of Defensive Medicine Despite the fact that the crisis atmosphere of the mid-1970s has subsided, the costs of medical malpractice

More information

Virtual Mentor American Medical Association Journal of Ethics September 2011, Volume 13, Number 9: 637-641.

Virtual Mentor American Medical Association Journal of Ethics September 2011, Volume 13, Number 9: 637-641. Virtual Mentor American Medical Association Journal of Ethics September 2011, Volume 13, Number 9: 637-641. HEALTH LAW The Jury Is Still Out on Health Courts Valarie Blake, JD, MA In many physicians minds,

More information

Medical Malpractice Law in the United States

Medical Malpractice Law in the United States Medical Malpractice Law in the United States Prepared for the Kaiser Family Foundation by: Peter P. Budetti, M.D., J.D. Edward E. and Helen T. Bartlett Foundation Professor of Public Health Chair, Department

More information

Medical Malpractice. Crisis or Controversy. Cedric K. Dark, MD, MPH Founder & Executive Editor, Policy Prescriptions

Medical Malpractice. Crisis or Controversy. Cedric K. Dark, MD, MPH Founder & Executive Editor, Policy Prescriptions Medical Malpractice Crisis or Controversy Cedric K. Dark, MD, MPH Founder & Executive Editor, Policy Prescriptions Medical Malpractice professional negligence by act or omission by a health care provider

More information

MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE

MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE Prepared by James A. Christopherson, Esq. Dingeman, Dancer & Christopherson, PLC 100 Park Street Traverse City, MI

More information

ADVANCE DIRECTIVE VOLUME 19 SPRING 2010 PAGES 306-315. The Effect of Medical Malpractice. Jonathan Thomas *

ADVANCE DIRECTIVE VOLUME 19 SPRING 2010 PAGES 306-315. The Effect of Medical Malpractice. Jonathan Thomas * ANNALS OF HEALTH LAW ADVANCE DIRECTIVE VOLUME 19 SPRING 2010 PAGES 306-315 The Effect of Medical Malpractice Jonathan Thomas * I. INTRODUCTION: WHAT IS MEDICAL MALPRACTICE Every year, medical malpractice

More information

The Journal of Health Care Law & Policy Volume 9, Number 2

The Journal of Health Care Law & Policy Volume 9, Number 2 The Journal of Health Care Law & Policy Volume 9, Number 2 Beyond the New Medical Malpractice Legislation: New Opportunities, Creative Solutions, and Best Practices for Patient Safety, Tort Reform and

More information

Medical malpractice: Impact of the crisis and effect of state tort reforms

Medical malpractice: Impact of the crisis and effect of state tort reforms THE SYNTHESIS PROJECT NEW INSIGHTS FROM RESEARCH RESULTS RESEARCH SYNTHESIS REPORT NO. 10 MAY 2006 Michelle M. Mello, J.D., Ph.D., M.Phil. Harvard School of Public Health Medical malpractice: Impact of

More information

PROPOSITION 46: MEDICAL MALPRACTICE LAWSUITS CAP AND DRUG TESTING OF DOCTORS INITIATIVE September 2014

PROPOSITION 46: MEDICAL MALPRACTICE LAWSUITS CAP AND DRUG TESTING OF DOCTORS INITIATIVE September 2014 PROPOSITION 46: MEDICAL MALPRACTICE LAWSUITS CAP AND DRUG TESTING OF DOCTORS INITIATIVE September 2014 SDCTA Position: OPPOSE Rationale for Position: Raising the medical malpractice lawsuits cap will drive

More information

ECONOMIC AND BUDGET ISSUE BRIEF. Limiting Tort Liability for Medical Malpractice

ECONOMIC AND BUDGET ISSUE BRIEF. Limiting Tort Liability for Medical Malpractice Page 1 of 8 Retrieve in: CBO ECONOMIC AND BUDGET ISSUE BRIEF A series of issue summaries from the Congressional Budget Office January 8, 2004 Limiting Tort Liability for Medical Malpractice The past few

More information

Medical Malpractice Insurance and Health Reform

Medical Malpractice Insurance and Health Reform Medical Malpractice Insurance and Health Reform Bernadette Fernandez Analyst in Health Care Financing Baird Webel Specialist in Financial Economics Vivian S. Chu Legislative Attorney April 15, 2010 Congressional

More information

LEGISLA Alaska State Legislature

LEGISLA Alaska State Legislature LEGISLA ATIVE RESEARCH SERVICES Alaska State Legislature Division of Legal and Research Services State Capitol, Juneau, AK 99801 (907) 465 3991 phone (907) 465 3908 fax research@legis.state.ak.us TO: FROM:

More information

GAO. MEDICAL MALPRACTICE INSURANCE Multiple Factors Have Contributed to Premium Rate Increases

GAO. MEDICAL MALPRACTICE INSURANCE Multiple Factors Have Contributed to Premium Rate Increases GAO For Release on Delivery Expected at 2:00 p.m. EDT Wednesday, October 1, 2003 United States General Accounting Office Testimony Before the Subcommittee on Wellness and Human Rights, Committee on Government

More information

Position Statement on Medical Liability Reform

Position Statement on Medical Liability Reform Position Statement on Medical Liability Reform The North American Spine Society (NASS) is a multidisciplinary medical organization dedicated to fostering the highest quality, evidence based and ethical

More information

Recent increases in malpractice premiums, exorbitant malpractice. The US Medical Liability System: Evidence for Legislative Reform

Recent increases in malpractice premiums, exorbitant malpractice. The US Medical Liability System: Evidence for Legislative Reform The US Medical Liability System: Evidence for Legislative Reform Janelle Guirguis-Blake, MD 1 George E. Fryer, PhD 2 Robert L. Phillips Jr, MD, MSPH 3 Ronald Szabat, JD, LLM 4 Larry A. Green, MD 3 1 Tacoma

More information

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes I. HISTORICAL BACKGROUND A. Common Law WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS Before the advent of workers compensation statutes, the only protection afforded to victims of work place

More information

FREQUENTLY ASKED QUESTIONS ABOUT MEDICAL MALPRACTICE INSURANCE FEBRUARY 2005

FREQUENTLY ASKED QUESTIONS ABOUT MEDICAL MALPRACTICE INSURANCE FEBRUARY 2005 FREQUENTLY ASKED QUESTIONS ABOUT MEDICAL MALPRACTICE INSURANCE FEBRUARY 2005 Are high insurance rates driving obstetricians and gynecologists out of business or reducing access to health care? The Congressional

More information

PROCEDURAL PROVISIONS IN NEVADA MEDICAL MALPRACTICE REFORM. Carl Tobias*

PROCEDURAL PROVISIONS IN NEVADA MEDICAL MALPRACTICE REFORM. Carl Tobias* PROCEDURAL PROVISIONS IN NEVADA MEDICAL MALPRACTICE REFORM Carl Tobias* In late July 2002, a special session of the Nevada Legislature passed medical malpractice reform legislation. 1 The expressly-stated

More information

Medical Malpractice Litigation Raises Health Care Cost, Reduces Access and Lowers Quality of Care

Medical Malpractice Litigation Raises Health Care Cost, Reduces Access and Lowers Quality of Care www.epf.org President s Summary This Issue Backgrounder shows that medical malpractice litigation has several adverse consequences on this nation s healthcare system including: (1) adding up to $97.5 billion

More information

Medical Malpractice Reform: Fair and Just Compensation for All

Medical Malpractice Reform: Fair and Just Compensation for All Medical Malpractice Reform: Fair and Just Compensation for All Mary E. Spear, Esq. The Council for Affordable Health Insurance April 1994 Executive Summary The Council for Affordable Health Insurance,

More information

March 14, 2005. From: The Honorable Joe Barton

March 14, 2005. From: The Honorable Joe Barton March 14, 2005 The Honorable Nathan Deal Chairman, Subcommittee on Health U.S. House Energy and Commerce Committee Washington, DC 20515 Dear Chairman Deal: This letter serves as a response to your request

More information

Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute.

Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute. osition Official Title and Summary Prepared by the Attorney General Requires drug and alcohol testing of doctors and reporting of positive test to the California Medical Board. Requires Board to suspend

More information

Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute.

Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute. Proposition 46 Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute. Yes/No Statement A YES vote on this measure means: The cap on medical malpractice damages for such things

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

WASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY MEDICAL LIABILITY & PUBLIC HEALTH PROFESSOR STEVEN M. PAVSNER SYLLABUS

WASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY MEDICAL LIABILITY & PUBLIC HEALTH PROFESSOR STEVEN M. PAVSNER SYLLABUS I. Synopsis WASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY MEDICAL LIABILITY & PUBLIC HEALTH PROFESSOR STEVEN M. PAVSNER SYLLABUS The objective of the seminar, Medical Liability and Public Health, is to

More information

STATEMENT OF CHERYL NIRO. Incoming Member, Standing Committee on Medical Professional Liability Member, House of Delegates

STATEMENT OF CHERYL NIRO. Incoming Member, Standing Committee on Medical Professional Liability Member, House of Delegates STATEMENT OF CHERYL NIRO Incoming Member, Standing Committee on Medical Professional Liability Member, House of Delegates On Behalf of the AMERICAN BAR ASSOCIATION Before the Committee on Health, Education,

More information

Recent Developments and Emerging Issues in Coverage/Bad Faith Claims

Recent Developments and Emerging Issues in Coverage/Bad Faith Claims Recent Developments and Emerging Issues in Coverage/Bad Faith Claims The Impact of the Current Economic/Political Climate On Bad Faith Claims By Charles T. Blair Washington, DC I. Bad faith claims are

More information

FREQUENTLY ASKED QUESTIONS ABOUT MEDICAL MALPRACTICE MAY 2006

FREQUENTLY ASKED QUESTIONS ABOUT MEDICAL MALPRACTICE MAY 2006 FREQUENTLY ASKED QUESTIONS ABOUT MEDICAL MALPRACTICE MAY 2006 How serious a problem is medical malpractice? According to the Institute of Medicine, a 1999 study showed that at least 44,000 and as many

More information

Senate Standing Committees on Insurance, Health and Codes

Senate Standing Committees on Insurance, Health and Codes Testimony to Senate Standing Committees on Insurance, Health and Codes Medical Malpractice Reform Presented by Kenneth Adams President and CEO December 1, 2009 I am Kenneth Adams, President and CEO of

More information

The primary means for patients in the United States to gain

The primary means for patients in the United States to gain CHAPTER 14 Tort Reform: Alternative Models Alan M. Scarrow, M.D., J.D. The primary means for patients in the United States to gain redress for grievances against hospitals and physicians is the tort system.

More information

Physicians on Medical Malpractice Reform Options

Physicians on Medical Malpractice Reform Options Physicians on Medical Malpractice Reform Options Survey Methodology This survey was conducted online from August 31 October 31, 2012. Invitations for the survey were emailed to physicians who have been

More information

Should New Mexico increase the medical malpractice cap?

Should New Mexico increase the medical malpractice cap? Should New Mexico increase the medical malpractice cap? 1 A REVIEW OF RECENT LEGISLATION LIKELY EFFECTS OF A CAP INCREASE PRESENTATION TO THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE NOVEMBER 3,

More information

THE MEDICAL MALPRACTICE CRISIS AND THE ISSUE OF CAPS ON DAMAGES. by Michael B. Oropollo Peter E. Mueller 1. Introduction

THE MEDICAL MALPRACTICE CRISIS AND THE ISSUE OF CAPS ON DAMAGES. by Michael B. Oropollo Peter E. Mueller 1. Introduction THE MEDICAL MALPRACTICE CRISIS AND THE ISSUE OF CAPS ON DAMAGES by Michael B. Oropollo Peter E. Mueller 1 Introduction The current battle over the cost of medical malpractice insurance pits doctors and

More information

Background. Limitations

Background. Limitations Safe Harbor Evaluation Planning Medical Liability and Patient Safety Planning Grant Agency for Health Research and Quality Grant Number 1R21HS019535 01 Background This evaluation planning was designed

More information

AGENDA 2005: A GUIDE TO THE ISSUES GEORGIA PUBLIC POLICY FOUNDATION. Legal Reform

AGENDA 2005: A GUIDE TO THE ISSUES GEORGIA PUBLIC POLICY FOUNDATION. Legal Reform Legal Reform Agenda Ensure that Georgia s tort and contract laws do not discourage the development of business in the state Ensure that Georgia s procedural laws are appropriate for the equitable distribution

More information

Health Policy Tracking Service A Service of Thomson West Issue Brief October 1, 2007

Health Policy Tracking Service A Service of Thomson West Issue Brief October 1, 2007 Health Policy Tracking Service A Service of Thomson West Issue Brief October 1, 2007 Medical Malpractice and Tort Reform Authored by Jennifer L. Berger, J.D. 1 According to the American Medical Association

More information

STABILITY, NOT CRISIS: MEDICAL MALPRACTICE CLAIM OUTCOMES IN TEXAS, 1988-2002

STABILITY, NOT CRISIS: MEDICAL MALPRACTICE CLAIM OUTCOMES IN TEXAS, 1988-2002 STABILITY, NOT CRISIS: MEDICAL MALPRACTICE CLAIM OUTCOMES IN TEXAS, 1988-2002 Bernard Black, University of Texas Charles Silver, University of Texas David A. Hyman, University of Illinois William M. Sage,

More information

By manyaccounts,the United States

By manyaccounts,the United States Trends The Medical Malpractice Crisis : Recent Trends And The Impact Of State Tort Reforms Do recent events constitute a crisis or merely the workings of the insurance cycle? by Kenneth E. Thorpe ABSTRACT:

More information

ABSTRACT. Policy-makers and public health researchers are concerned that rapidly rising

ABSTRACT. Policy-makers and public health researchers are concerned that rapidly rising ABSTRACT Title of Document: THE IMPACT OF MEDICAL MALPRACTICE REFORMS ON ACCESS TO HOSPITAL-BASED OBSTETRIC SERVICES Lan Zhao, Doctor of Philosophy, 2005 Dissertation Directed By: Professor William N.

More information

UNIVERSITY OF MARYLAND SCHOOL OF LAW. LEGAL METHOD-CIVIL PROCEDURE (3 Hours) Day Division Wednesday, December 18, 1991

UNIVERSITY OF MARYLAND SCHOOL OF LAW. LEGAL METHOD-CIVIL PROCEDURE (3 Hours) Day Division Wednesday, December 18, 1991 UNIVERSITY OF MARYLAND SCHOOL OF LAW LEGAL METHOD-CIVIL PROCEDURE (3 Hours) Day Division Wednesday, December 18, 1991 Professor Condlin - Section B 9:10 a.m. - 12:10 p.m. No. Signature: Printed Name: INSTRUCTIONS:

More information

Legislative - Federal

Legislative - Federal TORT REFORM Definition One: Improve the civil justice system [to] one that s fair, efficient and predictable. Sherman Joyce, President American Tort Reform Association Definition Two: Tort reforms are

More information

Maryland Insurance Administration s 2005 Report on the Availability and Affordability of Health Care Medical Professional Liability Insurance in

Maryland Insurance Administration s 2005 Report on the Availability and Affordability of Health Care Medical Professional Liability Insurance in Maryland Insurance Administration s 2005 Report on the Availability and Affordability of Health Care Medical Professional Liability Insurance in Maryland November, 2005 Maryland Insurance Administration's

More information

MEDCHI, THE MARYLAND STATE MEDICAL SOCIETY HOUSE OF DELEGATES CL Report 3-13. A Fifty State Survey of Tort Reform Provisions

MEDCHI, THE MARYLAND STATE MEDICAL SOCIETY HOUSE OF DELEGATES CL Report 3-13. A Fifty State Survey of Tort Reform Provisions MEDCHI, THE MARYLAND STATE MEDICAL SOCIETY HOUSE OF DELEGATES CL Report 3-13 INTRODUCED BY: SUBJECT: REFERRED TO: Council on Legislation A Fifty State Survey of Tort Reform Provisions Reference Committee

More information

Medical Malpractice Payout Trends 1991 2004:

Medical Malpractice Payout Trends 1991 2004: Medical Malpractice Payout Trends 1991 2004: Evidence Shows Lawsuits Haven t Caused Doctors Insurance Woes Congress Watch April 2005 Public Citizen s Congress Watch 1 Medical Malpractice Payout Trends

More information

Less than zero: The effect on clinics of raising MICRA s $250,000 cap

Less than zero: The effect on clinics of raising MICRA s $250,000 cap Less than zero: The effect on clinics of raising MICRA s $250,000 cap By Jay Angoff This white paper addresses the effect on Community Health Centers of increasing California s $250,000 limit on compensation

More information

BACKGROUND. August 28, 2013. Hon. Kamala D. Harris Attorney General 1300 I Street, 17 th Floor Sacramento, California 95814. Initiative Coordinator

BACKGROUND. August 28, 2013. Hon. Kamala D. Harris Attorney General 1300 I Street, 17 th Floor Sacramento, California 95814. Initiative Coordinator August 28, 2013 Hon. Kamala D. Harris Attorney General 1300 I Street, 17 th Floor Sacramento, California 95814 Attention: Ms. Ashley Johansson Initiative Coordinator Dear Attorney General Harris: Pursuant

More information

Appendix G: Summary of State Studies on Tort Reforms

Appendix G: Summary of State Studies on Tort Reforms Appendix G: Summary of State Studies on Tort Reforms ing Office, Medical Malpractice: SIX State Case Studies Show Claims and Insurance Costs Still Rise Despite Reforms, HRD-87-21 (Washington, DC U S Government

More information

Exploring the Use of Health Courts Addendum to Reforming the Medical Professional Liability System

Exploring the Use of Health Courts Addendum to Reforming the Medical Professional Liability System Exploring the Use of Health Courts Addendum to Reforming the Medical Professional Liability System American College of Physicians A Position Paper 2006 Exploring the Use of Health Courts Addendum to Reforming

More information

Mercyhurst College Civic Institute

Mercyhurst College Civic Institute Mercyhurst College Civic Institute MEDICAL MALPRACTICE REPORT February 9, 2004 Erie County Medical Malpractice Workgroup THIS SPECIAL REPORT CAN BE ACCESSED AT: www.mercyhurst.edu/civicinstitute Executive

More information

It s important to understand the process and react properly when it occurs.

It s important to understand the process and react properly when it occurs. Doctor, You ve Been Sued! It s important to understand the process and react properly when it occurs. By Howard S. Rosenbaum, DPM Malpractice suits are terrifying events for most podiatric physicians.

More information

GAO MEDICAL MALPRACTICE. Implications of Rising Premiums on Access to Health Care. Report to Congressional Requesters

GAO MEDICAL MALPRACTICE. Implications of Rising Premiums on Access to Health Care. Report to Congressional Requesters GAO United States General Accounting Office Report to Congressional Requesters August 2003 MEDICAL MALPRACTICE Implications of Rising Premiums on Access to Health Care GAO-03-836 August 2003 MEDICAL MALPRACTICE

More information

Cost to the Government for Providing Medical Malpractice Coverage to Community and Migrant Health Centers (A-04-95-05018)

Cost to the Government for Providing Medical Malpractice Coverage to Community and Migrant Health Centers (A-04-95-05018) .. 19.1({,, *+ + - *. DEPARTMENT OF HEALTH& HUMAN SERVICES Off Ice of Inspector Genera! 5 * 3 +4 c * 2*,4,0 MAR2519% Memorandum Date. %A4.@7- June Gibbs Brown From (& Inspector General Subject Cost to

More information

Pension & Health Benefits Committee California Public Employees Retirement System

Pension & Health Benefits Committee California Public Employees Retirement System California Public Employees Retirement System Agenda Item 9 ITEM NAME: Proposition 46 Drug and Alcohol Testing of Doctors and Medical Negligence Lawsuits PROGRAM: ITEM TYPE: Legislation State Initiative

More information

Georgia Board for Physician Workforce

Georgia Board for Physician Workforce Board for Physician Workforce Spotlight on National Tort Reform & Reform in the Surrounding States August 2010 Tort reform continues to be a highly debated issue at both the state and national level. In

More information

No-Fault Automobile Insurance

No-Fault Automobile Insurance No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject

More information

Best Practice Newsletter Volume 1, Issue 2

Best Practice Newsletter Volume 1, Issue 2 Best Practice Newsletter Volume 1, Issue 2 Page 2 The Uniform Mediation Act Do We Need It? Do We Want It? Page 3 Ten Suggestions For The Advocate Mediating The Complex Case By George Fitzsimmons Page 6

More information

Policy Research Perspectives

Policy Research Perspectives Policy Research Perspectives Medical Liability Claim Frequency: A 2007-2008 Snapshot of Physicians By Carol K. Kane, PhD Introduction This report presents a snapshot of physicians experiences with medical

More information

STATEMENT OF KAREN IGNAGNI, PRESIDENT, AMERICAN ASSOCIATION OF HEALTH PLANS Source: U.S. House. Committee on Commerce, Subcommittee on Health and

STATEMENT OF KAREN IGNAGNI, PRESIDENT, AMERICAN ASSOCIATION OF HEALTH PLANS Source: U.S. House. Committee on Commerce, Subcommittee on Health and STATEMENT OF KAREN IGNAGNI, PRESIDENT, AMERICAN ASSOCIATION OF HEALTH PLANS Source: U.S. House. Committee on Commerce, Subcommittee on Health and Environment. 1997. Managed Care Quality. 28 October 1997.

More information

Medical professional liability (MPL) insurance costs at a crossroads

Medical professional liability (MPL) insurance costs at a crossroads Bracing for change Medical professional liability (MPL) insurance costs at a crossroads John F. Gibson Principal Dorothy A. Woodrum Director PwC Actuarial and Insurance Management Solutions (AIMS) Agenda

More information

PENNSYLVANIA MALPRACTICE STUDY

PENNSYLVANIA MALPRACTICE STUDY The Project on Medical Liability in Pennsylvania Funded by The Pew Charitable Trusts PENNSYLVANIA MALPRACTICE STUDY General Public Survey Small Business Survey Conducted by Princeton Survey Research Associates,

More information

Primer: Medical Malpractice and Tort Reform Han Zhong, John Masko, & Katherine Holten

Primer: Medical Malpractice and Tort Reform Han Zhong, John Masko, & Katherine Holten Primer: Medical Malpractice and Tort Reform Han Zhong, John Masko, & Katherine Holten July 19, 2012 Introduction The impact of medical malpractice liability on American healthcare costs is a long- debated

More information

ADVANCE DIRECTIVE VOLUME 19 SPRING 2010 PAGES 297-305. The Defensive Medicine Debate: Driven by Special Interests. Jill Fairchild * I.

ADVANCE DIRECTIVE VOLUME 19 SPRING 2010 PAGES 297-305. The Defensive Medicine Debate: Driven by Special Interests. Jill Fairchild * I. ANNALS OF HEALTH LAW ADVANCE DIRECTIVE VOLUME 19 SPRING 2010 PAGES 297-305 The Defensive Medicine Debate: Driven by Special Interests Jill Fairchild * I. INTRODUCTION Tort reform is a contentious issue

More information

TESTIMONY OF WILLIAM M. SAGE, MD, JD PROFESSOR COLUMBIA LAW SCHOOL BEFORE THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS UNITED STATES SENATE

TESTIMONY OF WILLIAM M. SAGE, MD, JD PROFESSOR COLUMBIA LAW SCHOOL BEFORE THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS UNITED STATES SENATE TESTIMONY OF WILLIAM M. SAGE, MD, JD PROFESSOR COLUMBIA LAW SCHOOL BEFORE THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS UNITED STATES SENATE June 22, 2006 Mr. Chairman and Members of the Committee,

More information

Medical Malpractice Tort Reform

Medical Malpractice Tort Reform Medical Malpractice Tort Reform By David M. Ottenwess, Esq, Meagan A. Lamberti, Esq, Stephanie P. Ottenwess, Esq, and Adrienne D. Dresevic, Esq The credit earned from the Quick Credit TM test accompanying

More information

Kansas Health Care Stabilization Fund General Information (As of July 1, 2014)

Kansas Health Care Stabilization Fund General Information (As of July 1, 2014) Kansas Health Care Stabilization Fund General Information (As of July 1, 2014) The HCSF Board of Governors The Health Care Stabilization Fund Board of Governors is a state agency governed by an eleven

More information

Medical Malpractice Litigation in Pennsylvania. Report commissioned and funded by the Pennsylvania Bar Association May 2006

Medical Malpractice Litigation in Pennsylvania. Report commissioned and funded by the Pennsylvania Bar Association May 2006 Medical Malpractice Litigation in Pennsylvania Report commissioned and funded by the Pennsylvania Bar Association May 2006 Medical Malpractice Litigation in Pennsylvania A Report for the Pennsylvania Bar

More information

The Malpractice Lawsuit:

The Malpractice Lawsuit: The Malpractice Lawsuit: Process and Prevention Advocate Health Care 7 th Annual Advocate Trauma Symposium Wyndham Lisle - Chicago November 18, 2010 Rogelio Lasso The John Marshall Law School BACKGROUND

More information

Exploring the Use of Health Courts Addendum to Reforming the Medical Professional Liability System

Exploring the Use of Health Courts Addendum to Reforming the Medical Professional Liability System Exploring the Use of Health Courts Addendum to Reforming the Medical Professional Liability System American College of Physicians A Position Paper 2006 Summary of ACP s Positions on Medical Liability Reform

More information

Medical Malpractice, the Affordable Care Act and State Provider Shield Laws: More Myth than Necessity?

Medical Malpractice, the Affordable Care Act and State Provider Shield Laws: More Myth than Necessity? Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 5-14-2013 Medical Malpractice, the Affordable Care Act and State Provider Shield Laws: More

More information

Accountable Care Organizations and Health Reform

Accountable Care Organizations and Health Reform Accountable Care Organizations and Health Reform Country: USA Partner Institute: Johns Hopkins Bloomberg School of Public Health, Department of Health Policy and Management Survey no: (16)2010 Author(s):

More information

MRT MEDICAL MALPRACTICE SUBCOMMITTEE: HOSPITAL MALPRACTICE COVERAGE COSTS

MRT MEDICAL MALPRACTICE SUBCOMMITTEE: HOSPITAL MALPRACTICE COVERAGE COSTS MRT MEDICAL MALPRACTICE SUBCOMMITTEE: MALPRACTICE COVERAGE COSTS October 17, 2011 1 GNYHA AND GOALS With respect to the health care system With respect to the tort system Improve quality, efficacy, and

More information

McLAUGHLIN & ASSOCIATES GEORGIA PHYSICIAN SURVEY DECEMBER 11, 2013

McLAUGHLIN & ASSOCIATES GEORGIA PHYSICIAN SURVEY DECEMBER 11, 2013 McLAUGHLIN & ASSOCIATES GEORGIA PHYSICIAN SURVEY DECEMBER 11, 2013 1. ARE YOU A CURRENT MEMBER OF THE MEDICAL ASSOCIATION OF GEORGIA, ALSO KNOWN AS MAG? YES 46.5 NO 48.4 DK/REFUSED 5.1 2. HAVE YOU EVER

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

SECTION 1. Chapter 671, Hawaii Revised Statutes, is. amended by adding five new sections to be appropriately

SECTION 1. Chapter 671, Hawaii Revised Statutes, is. amended by adding five new sections to be appropriately A BILL FOR AN ACT NO. \32S RELATING TO TORTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Chapter 671, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately

More information