Med-Mal Is NCOIL July Session Focus

NU Online News Service, June 29, 3:16 p.m.EDT?Possible measures that states can take to lowermedical liability premiums by improving medical care and medicalboard regulation will be a key topic at an upcoming meeting oflegislators, the group announced.[@@]

The issue is up for discussion at the July gathering of theNational Conference of Insurance Legislators at Chicago's HotelInter-Continental.

A special Property-Casualty Insurance Committee meeting on, July15, will explore options for encouraging patient safety in order toboth protect consumers and help lower the cost of malpracticeinsurance.

NCOIL said the session activity will include considering aresolution that would have the organization investigate variousways to improve quality of medical care. The measure would commitNCOIL to further examine the issue during its Annual Meeting inNovember.

Among other things, a more detailed study could includedevelopment of a model law or white paper.

The proposed Resolution Regarding Medical Malpractice andPatient Safety, sponsored by Committee Chairman North Dakota StateRep. George Keiser, R-Bismarck endorses exploration of thefollowing actions, among others:

?Developing standards for medical care that would require claimdata analysis to look for patterns of medical errors thatindividual case reviews might overlook.

?Drafting proposals to beef up the operations of state medicalboards that have the power to lift doctors' licenses.

Other areas mentioned in the resolution: requirements to equipboards with independent counsel, lowering the burden of proof theyneed to act, increasing board funding and staff.

It also calls for examining increased fines for hospitals thatfail to do background checks on doctors with National PractitionerData Bank. Better reporting of errors and training for doctors.

NCOIL said the upcoming session would have insurance regulatorsand representatives from carriers, consumer groups, trial lawyers,hospitals and physicians participating.

In February, NCOIL adopted a medical liability resolutionendorsing civil litigation reforms including caps on non-economicand punitive damages for medical malpractice lawsuits and admissionof collateral source evidence in such cases.