2002 Legal issues
1. AMA testifies at Federal Trade Commission Workshop
The AMA participated in a recent workshop sponsored by the Federal Trade Commission focusing on health care antitrust issues. The AMA was invited to participate in two panels - the first on physician integration and FTC enforcement policies and the other on concerns surrounding provider/payor issues.
Catherine Hansen of California Medical Association did a great job presenting the physician issues paper on behalf of the AMA. In this testimony, the AMA asks the FTC to take a "fresh look" at its attitude towards non-exclusive, non-integrated physician networks. Dr. Palmisano presented testimony discussing the physician's perspective on health plan market power and abuses which was based in large part on the payor market study developed by Private Sector Advocacy. Read the written papers below which were submitted in conjunction with our oral testimony.
On Integration, Physician Joint Contracting, and Quality: Taking a Fresh Look at Some "Settled" Questions (Word, 76KB)
2. AMA files motion to dismiss in NRMP lawsuit
On Sept. 9, the AMA filed a motion to dismiss antitrust claims against it related to operation of the FREIDA database in the National Resident Matching Program lawsuit (NRMP). Specifically, the AMA motion states that allegations in the complaint are insufficient, as a matter of law, to establish violations of the federal antitrust laws. The AMA filed an additional motion seeking dismissal of claims against it solely by reason of its status as a "governing sponsor" of the NRMP and as a sponsoring organization of the Accreditation Council for Graduate Medical Education. The motions were filed with Judge Paul Friedman in the US District Court for the District of Columbia. He will establish a timetable for future proceedings. More information will be provided as it becomes available. Learn about the litigation and the AMA's position at online.
Full text of the motion (PDF, 1MB, requires Adobe® Reader®)
3. AMA Litigation Center and MMS win legal victory for physicians
On Aug. 27 the United States Court of Appeals for the First Circuit reversed a medical malpractice judgment against the estate of William H. Sweet, MD, involving the issues of fraudulent concealment and the statute of limitations. The AMA Litigation Center and the Massachusetts Medical Society filed an amicus curiae brief on behalf of Dr. Sweet's estate in the First Circuit.
In 1961 and 1962, Dr. Sweet had attempted, unsuccessfully, to treat inoperable, terminal brain tumors with experimental radiation therapy. In 1995, his patients' heirs sued him. Dr. Sweet, by then 89 years old and suffering from Parkinson's Disease, was unable to testify on his own behalf at trial. Although the jury rejected the claim for lack of informed consent, the trial judge compared Dr. Sweet to a Nazi war criminal, despite Massachusetts General Hospital, the Massachusetts Institute of Technology, three medical schools, and the United States government having approved his treatments and protocols. The Court of Appeals reversed the jury verdict on the basis that there was insufficient evidence to support either negligence or wrongful death claims. It is clear the appellate court also rejected allegations that Dr. Sweet fraudulently concealed his knowledge of the risks and benefits of the experimental therapy. The appellate court found Dr. Sweet should only have been required to conform to the standards of medical science known when he administered the radiation therapy. Learn more about the case.
4. New guide to medical staff bylaws available
The 3rd edition of the Physicians Guide to Medical Staff Organization Bylaws is available. The 2nd edition of the Physicians Guide to Medical Staff Organization Bylaws is now available online. This guide discusses the changes taking place in today's health care environment and the emerging issues facing the organized medical staff. As the structure under which the medical staff provides care in the hospital, bylaws that are well designed and well drafted help the medical staff respond to these changes while continuing to meet its responsibility for providing quality care to patients. This Guide discusses how to review, write or amend bylaws and provides model bylaw language. Print copies of the Guide will be available in mid-October. For ordering information, call toll free (800) 621-8335. Mention product number OP424502.
The 2nd edition of the is now available . This guide discusses the changes taking place in today's health care environment and the emerging issues facing the organized medical staff. As the structure under which the medical staff provides care in the hospital, bylaws that are well designed and well drafted help the medical staff respond to these changes while continuing to meet its responsibility for providing quality care to patients. This Guide discusses how to review, write or amend bylaws and provides model bylaw language. Print copies of the Guide will be available in mid-October. For ordering information, call toll free (800) 621-8335. Mention product number OP424502.