Medical Liability Reform
This document is designed to inform you about the positions of Presidential, House, and Senate candidates on medical liability reform. The information includes a summary of the Presidential candidates proposals on medical liability reform, Congressional activities on the issue during the 108th Congress, and a summary of medical liability votes taken by the House and Senate during the 108th Congress.
Where the Presidential Candidates Stand*
Bush-Cheney http://www.georgewbush.com/ The Bush-Cheney campaign made medical liability reform a central part of its health care agenda. President Bush first proposed medical liability reform in his 2001 State of the Union Address and has remained consistent in his support for comprehensive reforms throughout his first term. President Bush strongly supported the comprehensive medical liability reform legislation twice approved by the House of Representatives during the 108th Congress. The Bush medical liability reform plan would: • • • • • • • Provide for full recovery of economic damages. Limit non-economic damages to $250,000. Place limitations, based upon a sliding scale, on attorney contingency fees. Establish collateral source reforms, which allow both parties to enter into evidence proof of payments made by outside parties. Establish joint and several liability reforms, which make physicians responsible for the amount of damages equivalent to the amount of care they provided. Allow for periodic repayment of future expenses. Establish uniform statute of limitations, which limit the time frame in which medical liability claims may be filed. Includes exceptions for children.
Kerry-Edwards http://www.johnkerry.com/index.html The Kerry-Edwards campaign acknowledged publicly the need for medical liability reform. The campaign released a medical liability reform proposal, which differs from the position of most physician groups. Senator Kerry opposes limitations on non-economic damages and his proposal does not include such provisions. The campaign claims that such limitations do not reduce premiums for physicians or lower costs for health care consumers. Additionally, Sen. Kerry believes that limitations on non-economic damages affect only the least meritless cases and denies justice to those who suffer life-shattering injuries. Instead of focusing on tort reforms advocated by the physician community, the Kerry-Edwards medical liability reform policy is directed at improving safety, decreasing medical errors, and reducing the occurrences of frivolous lawsuits. The Kerry medical liability reform plan would: • Prohibit individuals from bringing a medical liability action unless a qualified specialist determines that a reasonable claim exists.
* Summaries of the presidential candidates positions on medical liability reform are taken directly from their campaign web sites.
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Support mandatory sanctions for claims and defenses that are presented for improper purposes or that are not warranted by existing law or by an argument without merit for the extension, modification, or reversal of existing law or the establishment of new law. Provide incentives for reducing the number of lawsuits that can and should be filed. Require states to make available non-binding mediation in all cases before permitting plaintiffs to proceed to trial on any medical liability claim. Offer financial assistance to physicians and other health care providers to support patient safety programs. Establish a 10-year moratorium on attorneys who file frivolous claims. Limit punitive damages except in the most egregious cases.
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History of Medical Liability Reform in the 108th Congress
March 13, 2003 – The U.S. House of Representatives approved the "Help, Efficient, Accessible, Low-Cost, Timely, Health Care Act of 2003 (HEALTH Act) (H.R. 5) 229-196-1-8. H.R. 5 is a comprehensive medical liability reform proposal that provides coverage to all physicians regardless of specialty. July 9, 2003 – The Senate attempted to consider the "Patients First Act of 2003" (S. 11), but failed to approve a motion granting the Senate the ability to debate and vote on the legislation. S. 11 is a comprehensive medical liability reform proposal that provides coverage to all physicians regardless of specialty. The motion to proceed failed 49-48-3. February 24, 2004 – The Senate attempted to consider the "Healthy Mothers Healthy Babies Access to Care Act" (S. 2061). S. 2061 limits applicability to physicians and other health care providers providing obstetrical and gynecological services only. The motion to proceed failed 4845-7. April 7, 2004 – The Senate attempted to consider the "Pregnancy and Trauma Care Access Protection Act of 2004" (S. 2207). S. 2207 limits applicability to health care services provided in an emergency or trauma situation and obstetrical/gynecological related services. The motion to proceed failed 49-48-3. May 12, 2004 – The U.S. House of Representatives approved an updated version of the "Help, Efficient, Accessible, Low-Cost, Timely, Health Care Act of 2004 (HEALTH Act) (H.R. 4280) 229197-7. H.R. 4280 is a comprehensive medical liability reform proposal that provides coverage to all physicians regardless of specialty. September 14, 2004 – The U.S. House of Representatives approved the "Lawsuit Abuse Reduction Act of 2004" (H.R. 4571) 229-174-30. H.R. 4571 amends Rule 11 of the Federal Rules of Civil Procedure. Specifically, the bill requires mandatory sanctions for parties who bring meritless lawsuits in federal court. Any parties who bring three or more such lawsuits in the same federal court would face additional sanctions.
* Summaries of the presidential candidates positions on medical liability reform are taken directly from their campaign web sites.