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Malpractice News
Linder Votes To Protect Patients By Limiting Runaway Medical Malpractice Awards
House Bill Ensures Prompt Resolution of Claims While Placing Caps on Damages
Washington, D.C. - Congressman John Linder (R-Georgia) on March 13 joined with a majority of his House colleagues in voting to reform the broken medical liability system in the U.S., placing limits on soaring malpractice awards and bringing accountability back to the process. The HEALTH Act passed the House by a vote of 229-196.
“Across the country, patient care is being jeopardized by a medical liability system that rewards trial lawyers,” said Linder. “I have seen many friends leave the medical profession simply because they cannot afford to pay for their liability insurance, and it is the patients who suffer in the end. This bill should begin to address some of these imbalances,” Linder continued.
H.R. 5 is designed after a highly successful California law that has resulted in medical liability disputes being settled 26% faster, saving doctors and patients years in the courtroom, and saving California patients $6 billion annually on health care. The bill would institute a number of needed reforms, including a window of three years after suffering an injury during which an individual would be allowed to file a health care liability action and a cap on both non-economic and punitive damages. The bill would also direct that patients’ attorneys do not receive an unjust portion of a recovery, and ensure accountability by allocating damages in direct proportion to fault.
“The need for reform is clear. Malpractice insurance rates across the country have risen 505 percent since 1976, and the average jury award is now $3.5 million, up more than 70 percent since 1995,” said Linder. “The health care we receive in the United States is the best in the world because of the people who choose to enter the profession and the education they receive. It is a shame that we have allowed our runaway liability system to force many of these highly-trained professionals out of the medical field. We can - and must - do better,” Linder continued.
Less than 2 percent of malpractice claims result in trial victories for patients. Even in the case of a jury award, harmed patients receive less than 30 percent of what doctors pay for insurance.
Sexual abuse is a form a medical malpractice
Sexual abuse of or sexual misconduct with a patient is also a serious issue. Six to ten percent of psychiatrists surveyed confessed to having engaged in sexual contact with a patient and in a longitudinal study.
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Definition:
A physician who has successfully completed an ACGME-approved residency program or its equivalent in an American Board of Medical Specialties (ABMS)-recognized specialty and has been certified by an ABMS member board
Medical Practice Act
Definition:
A statute of a US state or jurisdiction that outlines the scope of practice for physicians and the responsibility of the medical board to regulate that practice. The primary responsibility and obligation of a state medical board is to protect the public through proper licensing and regulation of physicians and, in some jurisdictions, other health care professionals.
Cesarean
Definition:
Commonly referred to as "C-section". A surgical procedure in delivering the baby. Epidural (pain medicine) is given at this time, and an incision is made in the very low part of the woman's abdomen
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