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ACSPA and ACS Mississippi Chapter Sponsor Statewide Liability Reform Ad Campaign in Mississippi
The American College of Surgeons Professional Association (ACSPA) recently joined with the ACS Mississippi Chapter to fund a newspaper ad campaign across the state. Both groups contributed to a statewide media blitz asking patients in the state to reach out to their legislators and urge them to support common sense civil justice reforms during the legislature's special session that began May 19. The special session was called by Republican Governor Haley Barbour to put pressure on members of the Mississippi House of Representatives who have been stalling reform efforts. The chapter joined with ACSPA in designing a full-page ad that ran in the Sunday, May 23, edition of the Clarion Ledger.
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Vilsack Vetoes Medical Liability Reform Package for Iowa
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As reported in the May 2004 issue of ACS Cross Country, Iowa physicians were waiting for Governor Tom Vilsack (D) to officially give his "thumbs up or thumbs down" to medical liability reform legislation that was approved by the legislature toward the end of April. Unfortunately, the governor chose the latter approach and vetoed the package (HF 2440) on May 14 citing his opposition to caps on noneconomic damages. Governor Vilsack's veto message also urged a "thorough examination of the factors contributing to the rise in medical malpractice insurance premiums." Iowa surgeons who wish to contact the governor about his veto of this legislation may do so by visiting his Web site. |
Missouri General Assembly Fails to Override Holden's Veto on Liability Reform
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Bob Holden (D)
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A bipartisan medical liability reform package that would have capped noneconomic damages at $400,000 and restricted venue to the county in which the plaintiff was injured was passed by the Missouri General Assembly, only to be vetoed in late April by Governor Bob Holden (D). This is the second year in a row that Governor Holden has vetoed tort reform. While Republicans in the General Assembly vowed to override the governor's veto, they came up 12 votes short in the House on May 13. In his veto message, Governor Holden said that he could "not endorse inappropriately tilting the scales of justice in a manner that would provide advantages to large corporations at the expense of injured parties." He urged the legislature to instead address insurance reform. Missouri surgeons may contact the governor's office on this issue by sending an E-Mail to mogov@mail.state.mo.us. |
Illinois Surgeons Continue the Fight for Liability Reform
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At press time, Illinois physicians were working with legislative leaders in the state senate to amend HB 4847 to include a number of medical liability reforms such as caps on noneconomic damages, tougher expert witness standards, and establishment of a specialized medical malpractice court. Over the past few months, the medical community has been tirelessly working to educate legislators about the severity of the medical liability insurance crisis. An April rally at the state capital was attended by more than 1,000 physicians who pointed to the absolute lack of neurosurgery coverage in the southern part of the state as clear evidence of the consequences of inaction on the liability issue by the legislature. The state medical society believes that at least 100 physicians have left two southern Illinois counties (Madison and St. Clair), further exacerbating problems with patient access to specialty care in this part of the state. |
Proposed Amendments to HB 4847
- Increases qualifications for expert witnesses
- Allows physicians to say "I'm sorry" without being construed as an admission of liability
- Strengthens the affidavit of merit by requiring physicians reviewing the records to meet expert witness qualifications
- Requires venue for filing of lawsuits to be the county where the alleged injury took place
- For hospitals and their employees, caps noneconomic damages at $750,000; for physicians, the cap is $500,000
- Creates a specialized medical malpractice court
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College Announces Nomination Process for Ellenberger Award
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Mr. Ellenberger (left) and Dr. Russell
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During the 2003 Leadership Conference, the College established the Arthur Ellenberger Award for Excellence in State Advocacy. At this year's conference, the nomination process for the award was outlined. Over the summer, nomination forms will be mailed out to Chapter Presidents, Governors, and Administrators, who will serve as the nominating group. The committee that will evaluate the nominations will be composed of the Chair of the Board of Governors, the Executive Director of the College, and the Director of the College's Division of Advocacy and Health Policy. Recipients of the award will be announced periodically during future Leadership Conferences. |
Past Issues of ACS Cross Country:
October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
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ACS State Affairs
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Division of Advocacy and Health Policy
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Jon H. Sutton
Manager, State Affairs
Chicago Headquarters
312-202-5358
jsutton@facs.org |
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Revised May 27, 2004
Advocacy and Health Policy
This page and all contents are Copyright © 2003-2004
by the American College of Surgeons, Chicago, IL 60611-3211
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