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March 2004
Physicians Flood Streets Around Virginia Capitol
Virginia physicians turn out to rally for liability reform. (Photo courtesy Medical Society of Virginia) |
Over 2,500 Virginia physicians descended on Richmond during a cold February day to advocate for common sense medical liability reforms. The march, which was covered by television camera crews, stretched the length and width of four city blocks.
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In fact, there were so many physicians that it took almost two hours just to get them inside the General Assembly Building (GAB). Once inside the GAB, doctors corralled legislators, urging them to vote for legislation that will cap non-economic damages at $250,000 and institute limits on attorney fees. Current Virginia law limits total awards to $1.7 million.
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Show Me Real Reform!
| In the "Show Me State," Missouri surgeons and their physician colleagues are applying a full court press on the legislature and Governor in an effort to secure critical reforms. HB 1304/SB 1094 -- the primary legislative vehicles for reform, are already making progress through legislative channels. Dr. Charles Van Way, a leader in both the Missouri Chapter and state medical association, has been participating in meetings with the governor and other elected officials and notes that "we will be fighting hard to ensure passage of medical liability reform." Both the Missouri and Southwestern Missouri chapters of the College are urging surgeons to contact their state legislators through the Surgery State Legislative Action Center (SSLAC). |
- Joint and several liability reform
- Venue reform
- Limits civil damages to $400,000 for trauma care
- $400,000 hard cap on non-economic damages (eliminates current inflation adjustment and "per occurrence" language)
- Expert witness must be licensed in the same profession and specialty as the defendant
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South Carolina Rx for Medical Liability Reform - A Tough Pill to Swallow
Hard cap of $250,000 on noneconomic damages
Proportional liability with no exceptions
No multiplier on punitive damages
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Bearing tales of skyrocketing medical liability insurance premiums, discontinuing high risk medical services, and fears of having to close their practices, over 250 physicians rallied for medical liability reform at the state capital. They offered a prescription to improve HB 3744 (85K PDF), a watered-down medical liability reform bill that passed the South Carolina House in January and is under consideration in the Senate. While advocating with Senators for a stronger reform package, they urged support for keeping a provision in HB 3744 that requires an affidavit of merit be filed by an expert when suing physicians. |
Physicians Chomping at the Bit in Kentucky
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– Kentucky reform poster for waiting rooms
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For medical liability reform to become a reality in Kentucky, SB 1 must first be adopted. Passage of this legislation is the first step in amending the state's constitution to permit the legislature to adopt caps on noneconomic damages. While the legislation has passed the Senate, it now awaits an uncertain future in the House. More than 350 physicians from the state medical society and Kentucky Chapter of the ACS rallied in Frankfort during February in support of the reforms encompassed in SB 1.
 "Don't tell me that a cap on medical liability doesn't work. It does work, and we need it in Kentucky and we need it now," said Governor Ernie Fletcher (R) in addressing the crowd. Fletcher, a physician and former member of the U.S. House of Representatives, continues to be a strong and avid reform supporter.
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The Kentucky Chapter of the ACS has already launched a statewide advocacy effort utilizing the SSLAC for a letter-writing campaign. As part of its advocacy campaign, the Kentucky Medical Association has developed posters for physician offices to help educate patients about the problem. These efforts are already paying dividends as evidenced by the findings of a recent poll that shows 68% of Kentuckians favor a limit on malpractice awards. For further information on state medical liability reform activities, contact jsutton@facs.org.
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Specialists Launch New Medical Liability Reform Effort
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Ten physician specialty organizations, including the American College of Surgeons Professional Association, have formed Doctors for Medical Liability Reform (DMLR). Representing over 230,000 physicians, the DMLR's Protect Patients Now initiative seeks to educate and inform patients, physicians, business leaders and legislators about the destructive effects of skyrocketing medical liability insurance premiums on the healthcare system and the economy. States that are facing serious healthcare and economic crises will be highlighted throughout the initiative, with an initial focus on North Carolina and Washington State. For more information contact dmlr@protectpatientsnow.org.
ACS Committee on Trauma Makes a House Call to Evaluate Rhode Island's Trauma System
– Brent Eastman, MD, FACS
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At the invitation of the Rhode Island Health Department, the College's Trauma Consultation Committee met with trauma surgeons, hospital administrators, public health officials, and EMTs to evaluate the state's trauma care system. Rhode Island has only one Level 1 Trauma Center, with nine other hospital emergency departments distributed around the state. Brent Eastman, MD, FACS, Chairman of the consultation committee and a Regent of the College, emphasized the importance of the Health Department being given the resources and authority to take a leadership role in overseeing a statewide trauma care system. He also stated that "the state needs a trauma registry to monitor what happens to injured patients." For more information contact KO'Donnell@facs.org. |
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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 February 25, 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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