Medical Malpractice Bill Introduced In Senate

WASHINGTON–Bipartisan legislation was introduced yesterday in the Senate that encourages states to develop, implement and evaluate new and better ways to deal with medical malpractice cases.

The legislation, “The Fair and Reliable Medical Justice Act of 2007,” will allow states to craft tailored, new alternatives that will speed the resolution of disputes, make patients safer and maintain access to affordable, quality health care, according to its primary sponsors, Sen. Max Baucus, D.-Mont., and Mike Enzi, R-Wyo.

Sen. Baucus, explaining the bill, said: “If we can move beyond the broken process used today, patients won't lose access to affordable care when doctors raise their rates or even move away to find cheaper malpractice premiums. Doctors can be more forthcoming when mistakes are made, and everyone can have more faith in the health care system.”

The legislation would fund 10 pilot projects for states proposing new methods of resolving medical malpractice claims and reducing medical errors.

It would also create a panel of experts–organized and headed by the Government Accountability Office–to choose among state proposals and report back to Congress on the effectiveness of the funded plans.

To receive funding, states will have to show how their plans will:

o Provide prompt and fair dispute resolution.

o Encourage early disclosure of medical errors.

o Enhance patient safety.

o Improve the affordability of malpractice insurance for providers.

o Offer patients the chance to opt out of the alternative and litigate instead, and notify them of that option.

State plans would also be required by the legislation to be structured to collect and analyze patient safety data to make sure the program is working.

The bill is similar to legislation the senators introduced together in the 109th Congress.

However, this year's legislation makes a number of changes to increase flexibility for states seeking new ways to deal with malpractice cases, heighten emphasis on patient safety and provide Congress with greater oversight, the senators said.

Companion legislation is being introduced in the House by Reps. Jim Cooper, D-Tenn., and Mac Thornberry, R-Tex.

“Dealing with the medical malpractice crisis is a real balancing act,” Sen. Baucus said. He said that making the system saner will bring doctors' malpractice insurance premiums down, and that will lower costs for everyone.

But he also cautioned that any changes to medical malpractice laws “must put patient safety first and ensure fair and fast compensation to those who are hurt by medical errors.”