Dozens of states have taken up innovative medical liability reform legislation over the past year, and many states are continuing to make positive legislative gains moving into 2014.
So far this year, six states have introduced an AMA model bill (AMA member login required) called the Standard of Care Protection Act, which was adopted in Georgia last year. The act shields physicians from new liability exposure based on quality standards or practice guidelines enacted under the Affordable Care Act, Medicare or Medicaid. Liability protections from this bill also are included in the federal SGR repeal bill up for Congress’ consideration.
Apology inadmissibility bills, sometimes known as “I’m sorry” laws, also are moving forward, with Pennsylvania passing one such bill last year and 10 more states introducing bills since then. This legislation makes expressions of sympathy or fault following an accident or error inadmissible in civil court to prove liability, allowing physicians to apologize for unfavorable medical outcomes without worry that those statements or gestures will be used against them in court.
Other innovative medical liability reforms based on AMA model bills that states are pursuing include:
- Six states have introduced legislation for certificates or affidavits of merit, which would require a plaintiff to file an affidavit along with a complaint to establish that the claim has merit.
- Seven states are attempting to implement expert witness reform, which gives state medical boards the authority to review and sanction improper testimony.
- Health professionals who volunteer to help during federally declared disasters could be protected under various volunteer or disaster liability reforms introduced in nine states.
- Pennsylvania is attempting to establish a health court system, which introduces a separate civil court for medical liability cases.
- Four states are working through collateral source reform, which would allow evidence of collateral source payments (such as the plaintiff’s insurance or worker’s compensation).
- The AMA recently supported Kentucky’s medical review panel process bill, which moved through the state Senate last week, and New Hampshire is working to reform its current medical review panel law.
The AMA also is working with state medical associations to defend previously enacted reform laws as they are challenged in legislatures, courts and ballot boxes. The AMA is working hand in hand with the California Medical Association to fight the attack on California’s Medical Injury Compensation Reform Act (MICRA), considered the gold standard in capping non-economic damages in medical liability cases. A current ballot initiative would seriously weaken MICRA’s protections by increasing the non-economic damages cap fourfold, from $250,000 to $1 million.
