Thanks to continued advocacy by the AMA, the U.S. House on July 28 passed a set of proven reforms to bring common sense to the nation's out-of-control medical liability system.

The Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2005 (H.R. 5) includes a $250,000 limit on noneconomic "pain and suffering" damages for injured patients in medical liability cases, with no limit on a patient's economic losses, such as lost wages, medical care, rehabilitation and other expenses.

"The HEALTH Act gives the patients of America the common-sense medical liability reforms they seek and need," said AMA President-elect William G. Plested III, MD. "Patients are losing access to critically important medical services because of skyrocketing liability premiums. They are demanding action."

Poll after poll shows that nearly three-quarters of Americans support reforms. A 2003 Gallup poll found that 72 percent support a law that caps the subjective portion of liability awards; a 2004 poll by the Health Coalition on Liability and Access confirmed the same 72 percent support; and a 2005 poll done by Public Opinion Strategies found 73 percent support a cap on noneconomic damages.

"Skyrocketing medical liability premiums — $200,000 a year or more in high-risk specialties — are forcing physicians to limit services, retire early or move to states with reforms," said Dr. Plested. "Reforms, including a quarter-million-dollar cap on the non-economic damages portion of the award, have been working in California for nearly 30 years. The rest of our nation deserves that same relief."

The AMA continues to work with Senate Majority Leader Bill Frist, MD, (R-Tenn.) and Senate Majority Whip Mitch McConnell (R-Ky.) to advance strong medical liability reform legislation in the Senate.