AMA's stance on tort reform: a cap, not capitulation

AMA Leader Commentary. By William G. Plested III, MD, Nov. 3, 2003.

AMA LEADER COMMENTARY

A few words about current events in medical practice

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A message to all physicians from William G. Plested III, MD, chair of the AMA Board of Trustees.

The medical liability problem continues to fester throughout the country with no end in sight. But there was some good news with the stunning victory in Texas. On Sept. 13, Texans passed Proposition 12, which amended the Texas constitution to grant the Legislature authority to set caps on noneconomic damages in health care cases.

This followed passage of House bill 4, which was signed into law by Gov. Rick Perry. The centerpiece of that legislation is a $250,000 cap on noneconomic damages for all doctors per case.

In California, the passage of the Medical Injury Compensation Reform Act (MICRA) was followed by 10 years of constitutional challenges by the trial lawyers. Proposition 12 lets Texas physicians and patients enjoy the benefits of real liability reform without enduring years of court challenges. I am proud to add that the AMA contributed much in the way of time and resources as a partner of the Texas Medical Assn. in their effort.

Unfortunately, in almost all other states, the situation continues to deteriorate. The AMA considers 19 states to be in crisis. In these states, the problems have escalated to the point that access to medical care is adversely affected. Physicians throughout the country are keeping up the pressure on legislators, and AMA officers, trustees and staff are providing as much assistance as possible. We are giving an all-out effort to finding a solution -- or solutions.

Federal legislation continues to be the AMA's top legislative priority. The HEALTH Act, or Help Efficient, Accessible, Low cost, Timely Health Care Act (HR 5), which passed by the House of Representatives last March, fulfills the direction of the AMA House of Delegates to seek a federal MICRA-style bill. The bad news is that the U.S. Senate remains a stumbling block. The Patients First Act (S 11), companion bill to HR 5, has been stalled by opponents of reform.