RESOLUTION 910 - UNIFORM AND CONSISTENT TORT REFORM

RECOMMENDATION:

Madam Speaker, your Reference Committee recommends that the following Substitute Resolution 910 be adopted.

RESOLVED, That our AMA reaffirm Policy H-435.959 that passage of medical liability reform is our highest legislative priority (Reaffirm HOD Policy); and be it further

RESOLVED, That our AMA reaffirm Policies H-435.978,

H-435.967, and H-435.964 (Reaffirm HOD Policy); and be it further

RESOLVED, That our AMA work with state and national medical specialty societies to develop and implement a comprehensive strategic plan that will address all aspects of the growing medical liability crisis to ensure that Federal medical liability reform legislation continues to move forward through the legislative process (Directive to Take Action); and be it further

RESOLVED, That our AMA not pursue specialty-specific federal medical liability reform legislation that would divide or diminish the voice of the House of Medicine (New HOD Policy).

HOD ACTION: Substitute Resolution 910 adopted as amended.

Resolution 910 asks that our American Medical Association (1) vigorously support tort reform as contained in S. 11, Patients First Act of 2003, which provides for medical professional liability tort reform that is uniform, consistent and addresses the tort reform needs of all physicians (Reaffirm HOD Policy); and (2) not pursue specialty-specific legislation that would divide or diminish the voice of the House of Medicine. (New HOD Policy)

The quest for effective medical liability reform remains the goal of each segment of organized medicine and the Federation as a whole, with enactment of MICRA reforms the cornerstone of our mutual advocacy efforts. (The pertinent policies recommended for reaffirmation are appended below.) This was the sentiment heard by your Reference Committee despite differing opinions about the best tactical path to achieve this common goal. Central to the concerns expressed by all speakers was the desire to enact legislation at the Federal level that will positively counter runaway medical liability premiums. Against this backdrop, opinions differed over the most politically expedient path to get to a joint House-Senate conference with H.R. 5, the House-passed "HEALTH Act." It was acknowledged that, despite Senate leadership entreaties to pursue specialty-specific medical liability reforms, such a course could not be shown to produce the 60 Senate votes needed to move a bill to Conference. For this reason, your Reference Committee believes that there would be great merit in bringing together our AMA and interested national specialties to chart a future strategic path for medical liability reform in the U.S. Congress. Although current Federation dynamics do not point to the possibility of fruitfully pursuing specialty-specific medical liability reform, your Reference Committee believes that such a path should not be ruled out if it would not divide or diminish the voice of the House of Medicine. The Substitute Resolution holds out this possibility if organized medicine can unite, as it must, to achieve for all physicians medical liability reforms consistent with AMA policy.

Online December 18, 2003

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