Special Feature

AMA to House committee: Irrational medical liability system fails patients, physicians

An average of 95 medical liability claims are filed for every 100 physicians. That's according to a recent AMA report that provides a snapshot of physicians' experiences with medical liability claims. What's more, the report shows that before they turn 40, more than 50 percent of obstetricians/gynecologists have already been sued.

In testimony last week to the U.S. House of Representatives Judiciary Committee, AMA Board Chair Ardis D. Hoven, MD, shared these statistics and said that the nation's medical liability system is increasingly irrational, needs reform and has become costly and unfair for patients and physicians.

"Every dollar that goes toward medical liability costs is a dollar that does not go to patients who need care, nor toward investment in physician practices, a majority of which are small businesses that create jobs that benefit local and state economies," Dr. Hoven said Jan. 20. "The good news is there are proven examples of long-term reforms that have kept physicians' liability premiums stable, but more importantly have ensured and protected patients' access to health care."

Just a few days after Dr. Hoven's testimony, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 was introduced in the House. The AMA and 100 other medical and physician organizations sent a letter of support for the HEALTH Act—bipartisan legislation that includes reforms intended to repair the nation's broken medical liability system, reduce the growth of health care costs and preserve patients' access to medical care.

During her testimony, Dr. Hoven noted the fact that a majority of claims filed against physicians lack merit. She said 64 percent of medical liability claims that closed in 2009 were dropped or dismissed.

The problem is that physicians and health care providers may take extra precautionary measures to avoid being sued—also known as defensive medicine—and this costs between $70 to $126 billion per year, according to a 2003 Department of Health and Human Services report.

Dr. Hoven said the AMA supports federal liability reforms "similar to those already working in California and Texas because they have proven to be effective." In addition to those proven reforms, the AMA continues to support federal funding for states to pursue innovative medical liability and patient safety reforms, including early disclosure and compensation programs, safe harbors for the practice of evidence-based medicine and health courts.

Learn more about what the AMA is doing to fix the nation's broken medical liability system for physicians and their patients.