Medical Liability Reform


Discussion

Over the years, state liability reform legislation has typically followed crises in the availability and cost of medical liability insurance.  The nation is currently facing a monumental crisis where providers have dropped services or left states as a result of escalating liability premiums.  This has caused a significant access to care problem in some regions of our country. 

The AMA estimates that 20 states are currently in crisis with an additional 23 states showing problem signs.   Medical liability premiums have increased to over $200,000 in some states.  Escalating medical liability costs affect the overall cost of health care further eroding the number of Americans (now estimated over 43 million) that have access to health care insurance.  To respond to this crisis, over 20 states have introduced over 80 separate pieces of legislation in an effort to contain this crisis.   The U.S. House of Representatives has passed House Bill 5, the Help Efficient, Accessible, Low-cost, Timely Health Care Act of 2003.  The Senate is considering additional legislation. 

Common legislative provisions to reform the liability crisis include:

  • a short but reasonable statute of limitations on liability claims filed
  • abolition of joint and several liability 
  • contributory and comparable negligence
  • caps on non-economic damages
  • limitations on attorney fees
  • establishment of patient compensation fund 
  • pre-trial screens
  • periodic payment of damages
  • mandatory professional liability coverage

ACR Position

  • The ACR is quite concerned about the current medical liability insurance crisis and its effect on patient access and patient care.  The ACR is particularly concerned about the access of women to timely and quality mammography services.  Over the past 2 years, the ACR has tracked the closing of over 700 mammography centers.  While these centers may have closed for various reasons, rising liability costs associated with mammography have been a significant contributing factor.  
  • The ACR supports H.R. 5.  
  • The ACR supports state legislative efforts to reform the liability system to assure access to necessary medical care.
  • The ACR continues to work to improve the quality of radiological care and generally supports legislative efforts to improve patient safety through the use of non-punitive reporting of medical outcomes. 

Contact 

For further information on medical liability reforms, please contact Ariel González at the ACR offices (800) 227-5463 ext. 4488.