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Major Medical Liability Reform Passed in Georgia
After many years of state grassroots advocacy, legislator education, patient education, and shifts in political power in the legislature, Georgia advocates for comprehensive medical liability reform saw their hard work pay off. On February 16, Gov. Sonny Perdue (R) signed into law SB 3, incorporating into Georgia statute the following reforms:
- a $350,000 cap on noneconomic damages
- elimination of joint and several liability
- a heightened standard of proof for emergency department care
- restrictions on venue "shopping"
- implementation of expert witness qualifications
- an "I'm Sorry" provision permitting physicians to express regret, sympathy, apology, and so on, without that expression being admissible in court or considered an admission of guilt.
Georgia surgeons were actively involved in advocacy efforts to pass this legislation, which took less than one month from introduction to enactment. Over 115 Fellows responded to the request from the College and the Georgia Chapter to write to their respective state legislators through the Surgery State Legislative Action Center, a Web-based advocacy tool sponsored by the College and 14 national surgical specialty societies. Many others contacted their legislators by telephone and fax, and visited the capital to meet in person with legislative leaders.
To view the full text of SB 3, visit the Georgia Assembly Web site at http://www.legis.state.ga.us/legis/2005_06/fulltext/sb3.htm.
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South Carolina's Medical Liability Reform Passes First Chamber
On January 26, at least 300 of South Carolina's physicians and over 150 health care workers and patients filled the statehouse lobby to express their concerns about deteriorating access to health care. Following this well-attended White Coat Rally and other state grassroots advocacy activities, the state senate passed a medical liability reform bill on February 17. Senate Bill 83 (S 83) would cap noneconomic damages at $350,000, implement expert witness qualifications, require mandatory mediation when a lawsuit is filed, and permit the parties involved in the suit to agree to participate in binding arbitration. The bill awaits action in the state House of Representatives and can be viewed by clicking here (65K PDF).
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Wisconsin Court: Medical Residents Excluded from Noneconomic Damages Cap
A Wisconsin appellate court recently heard a case pertaining to the state's cap on noneconomic damages. The court ruled that first-year residents are NOT included under the state's $423,000 cap because the statute requires a health care provider to be licensed for them to be covered. As such, this situation creates a loophole so that ONLY first-year residents are not covered. All medical students and residents beyond the first year are protected. The ruling has been appealed to the Wisconsin Supreme Court, and the AMA/State Medical Societies Litigation Center, the Wisconsin Medical Society, and the Wisconsin Hospital Association have filed friend of the court briefs.
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California Proposes Increase in Traffic Violation Fees to Fund Trauma Care
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A bill to help fund trauma centers has been assigned to the state Senate Committee on Public Safety. Senate Bill 57 would allow a county board of supervisors to levy an extra $2 penalty for every $10 in penalties incurred for violations in seatbelt use, speed limits, driving under the influence, and domestic abuse. Up to 15 percent of the funds collected could be used to equip and reimburse trauma centers that provide pediatric trauma care.
Sen. Richard Alarcon (D), the bill's sponsor, introduced SB 57 in part due to a personal tragedy – the loss of his three-year old son in 1987 when he was injured in a traffic accident. According to a Los Angles Times article (January 14, 2005), the boy was airlifted to Children's Hospital of Los Angles because there was no pediatric trauma center in the area where the accident occurred. The child died a day later.
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Trauma Legislation Heating Up in the States
In 1947, the National Association of Insurance Commissioners (NAIC) endorsed model state legislation called the Uniform Accident and Sickness Policy Provision Law (UPPL). This model, which was enacted by most states, made it possible for health insurers to not be liable for "any loss sustained or contracted in consequence of the insured's being intoxicated or under the influence of any narcotic unless administered on the advice of a physician." In 2001, the NAIC reversed its policy and now supports repeal of state UPPL statutes. So far this year, the California, Nevada, and Texas legislatures are considering repeal legislation. The College and its Committee on Trauma also support repeal, and the State Affairs staff of the College is working with these states on their grassroots advocacy efforts.
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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 |
Mindy Baker
State Affairs Associate
Chicago Headquarters
312-202-5363
mbaker@facs.org |
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Revised February 24, 2005
Advocacy and Health Policy
This page and all contents are Copyright © 2003-2005
by the American College of Surgeons, Chicago, IL 60611-3211
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