Session Date: August 19, 2005
Annual Meeting Session Summary: Medical Liability: Finding Middle Ground
By Tami Davis
Washington Senate Republican Caucus
This summary is provided for information purposes only. NCSL does not endorse any views it contains.
SEATTLE – Several medical liability reform proposals were offered during the Medical Liability: Finding Middle Ground panel at the Annual Meeting of the National Conference of State Legislatures. Experts discussed the benefits of disclosure, mediation and physician apology protection policies.
Carol Liebman, a clinical professor at Columbia Law School and director of the school’s mediation clinic; and Chris Stern Hyman, a health care lawyer and mediator, presented research showing that one of eight injured patients sue their physicians. According to the research, good communication is the No. 1 reason the other seven patients did not sue their doctors.
“Mediation works,” Liebman said. “The point of this form of communication is to help parties try to resolve disputes and to craft mutually reasonable resolutions and hopefully reduce litigation.”
Other panelists outlined information about medical liability reform legislation in their states.
Colorado Representative Debbie Stafford sponsored “I’m sorry” legislation in 2003. Stafford said that when unintended medical outcomes happen, “most physicians want to apologize and acknowledge the situation,” but are trained to keep quiet to avoid litigation and other consequences. “Studies actually show that keeping quiet prompts litigation,” Hyman added.
Stafford’s House Bill 1232 allows physicians to acknowledge any unintended outcomes and remedy the situation as best they can. If patients choose to litigate, they cannot use the physician’s apology against him or her.
Pennsylvania Rep. Tony DeLuca outlined the MCARE Act of 2002, which made various changes in an effort to reform medical liability in the state. The law:
- Created a Patient Safety Authority to review medical errors and make recommendations on improving patient safety:
- Requires hospitals to report medical errors;
- Requires medical facilities to develop and implement patient safety plans;
- Requires doctors to report medical malpractice claims against them to their state licensing boards;
- Helps doctors with the increasing costs of malpractice insurance and improves the structure of the state’s liability insurance system
- Allows damages to be paid in installments rather than lump sums;
- Implements a statute of repose, giving adult patients seven years to discover injury or negligence and two years to file a suit; and
- Prevents hospitals ad medical centers from being named in a lawsuit simply for their presumed deep pockets.
NCSL is a bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.
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