Emergency doctors seek help from Congress in liability fight

New legislation would provide insurance relief and extra funds for the uninsured, and help reduce crowding, supporters say.

By Joel B. Finkelstein, AMNews correspondent. Oct. 17, 2005.

Washington -- Thousands of physicians from around the country recently gathered at the Capitol to rally in support of a bill that promises to ease some of the financial pressures socking emergency departments.

"The health care system is sick, and there is no greater symptom than this nation's overcrowded emergency departments," said Frederick C. Blum, MD, president of the American College of Emergency Physicians.

The problems are many, including a dramatic rise in liability premiums that has made it more difficult for emergency departments to maintain financial viability. Add to that rising health care costs, which have hurt access to primary care services, and therefore increased case loads at emergency departments, he said.

The legislation would provide some relief from the liability crisis by bringing emergency physicians and nurses under the umbrella of the Federal Tort Claims Act, which established a fund to pay litigation costs. The act originally was created to cover the cost of lawsuits against government employees but later was expanded to full-time staff physicians serving federally qualified health centers. The bill would extend that coverage to emergency department staff when caring for uninsured patients.

"Factors such as the nation's medical liability crisis have placed a great strain on ERs nationwide," said Duane M. Cady, MD, chair of the AMA Board of Trustees, which is reviewing the new legislation.

"The Senate must pass national medical liability reforms for all physicians so that they can continue to provide care for patients in need," he added. In July, the House passed a tort reform measure that would cap noneconomic damages at $250,000.