New Congress necessitates a fresh look at tort reform measures, physicians say

Doctors still push for damage caps but also focus on different reforms.

By Amy Lynn Sorrel, AMNews staff. Dec. 4, 2006.

"In with the new" doesn't necessarily mean "out with the old," as physicians revise their medical liability reform strategy now that Democrats are taking control of Congress next year.

Doctors stressed that their priority remains a package that includes a national $250,000 cap on noneconomic damages. Legislation with that limit was deadlocked in the Republican-led Congress that is now coming to a close.

The rise to power of the Democrats, traditionally opposed to liability caps, means that the future of such legislation is even less bright. This political landscape, physician leaders said, is forcing them to take a harder look at alternatives that will help curb excessive litigation and medical liability costs, while treating both doctors and patients fairly.

"We have never seen caps as the total solution to the problem," said Cecil B. Wilson, MD, chair of the American Medical Association Board of Trustees.

The AMA's new plan includes rigorous review of a variety of ideas, such as special health courts, expert review panels and arbitration, that already have debuted on the federal stage, he said.

Still, there is no substitute for what works, Dr. Wilson said.

"Caps are difficult, regardless of who is in power, but just because it's difficult doesn't mean it's not important, and it's been the only thing we've seen truly work," he said. Dr. Wilson pointed to California's MICRA reforms as an example.

Health courts and patient safety measures are "a good first step, but you're not getting at the root of the problem," said David Lovett, a spokesman for Doctors for Medical Liability Reform, a coalition of 230,000 physicians who support federal tort reform.