In order to ensure all Americans have continued access to affordable
and quality medical care when they need it, our lawmakers must
adopt comprehensive medical liability reforms. Such reforms
have proven effective in various states including California,
Indiana, and Louisiana. Over time, the laws in these states
have stabilized premiums and other costs associated with medical
liability insurance without limiting patients' access to care,
or to the courts when needed. A federal medical liability law
should include these proven provisions:
Full Recovery for Economic Damages- Patients who are
injured as a result of medical malpractice should be able
to recover fully all economic
damages, including all medical expenses, future medical
expenses, lost wages, future health and lifestyle services,
and any other award with a quantifiable value.
Limitations on Attorney Contingency Fees- Injured
patients-not just their lawyers-deserve the money awarded
to them by a jury. Sensible limitations on attorney fees mean
that a greater proportion of the award goes to the patient.
Additionally, such limitations would discourage "big-ticket"
cases that bog down the court system.
Establish Uniform Statutes of Limitations- A reasonable
limitation on the amount of time a patient has to pursue litigation
is essential to controlling the medical liability crisis.
This type of law ensures that evidence is current and accurate.
Special exemptions should be made, however, for children.
Limitations on Non-Economic Damages- Reasonable caps
should be placed on non-economic
damage awards. Such limits would not prevent individuals
from collecting any amount necessary to pay for medical expenses,
lost wages, rehabilitation costs, or any other economic loss
suffered as the result of a health care injury. It would only
limit those damages awarded for pain and suffering, loss of
enjoyment, and other intangible, non-quantifiable items.
Joint and Several Liability Reform- Physicians should
be held accountable only for the portion of damages directly
attributed to them-not for the entire award. Under the current
system, a doctor responsible for as little as one percent
of the total fault may be required to pay the entire award.
This encourages trial lawyers to pursue doctors with the "deepest
pockets" regardless of their level of participation or
fault in the case.
Periodic Repayment of Future Expenses or Losses- Physicians
and other parties should be allowed to pay future expenses
or losses periodically over time.
Collateral Source Reform- Doctors should be allowed
to introduce evidence of any reimbursements made to the patient
by health or disability insurers or others for losses resulting
from an injury. This provision would prevent patients from
being reimbursed twice for identical expenses.
Definition
of Terms
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