The MISSION of Physicians for Healthcare Tort Reform is to promote an improved legal climate for providers who seek to practice evidence-based medicine.
Physicians for Healthcare Tort Reform *SUPPORT* H.R. 4106: Saving Lives, Saving Costs Act
Background
- More than 75% of physicians will eventually face a malpractice lawsuit.
- 99% of physicians in “high-risk” specialties will ultimatelyface a malpractice lawsuit
- The current legal environment for providers leads to defensive medicine, frivolous lawsuits, decreased efficiency, and higher healthcare costs to the tune of billions of dollars per year
- No history of meaningful medical tort reform exists at the federal level
Jena, A. B., Seabury, S., Lakdawalla, D., & Chandra, A. (2011). Malpractice Risk According to Physician Specialty. The New England Journal of Medicine , 365, 629-636. doi: 10.1056/NEJMsa1012370.
Purpose of H.R. 4106: Saving Lives, Saving Costs Act
- Gives physicians freedom to practice evidence-based medicine rather than defensive medicine
- Helps reduce unnecessary tests that don’t improve patient outcomes andraise costs for patients
- Offers physicians best practice guidelines that, when adhered to, protect against malpractice litigation
- Best practice guidelines are proposed by medical specialists and reviewed every 5 years
- Establishes an independent medical review panel to determine whether providers adhered to best practice guidelines
- Gives physicians the right to request an independent review consisting of experts in the field
- Permits relevant organizations with expertise in coinciding fields to help determine best practice guidelines
- Certifications of organizations contributing to guideline formulation comes from the Secretary for Health and Human Services
- Guidelines and their effectiveness are reviewed every 5 years by objective stakeholders and adjusted accordingly
Medical Review Panel
- Consists of expert members in the medical field to review lawsuits
- Determines how closely set evidence-based guidelines were adhered to by practicing clinicians
- Formulates an opinion that is admissible in the courts, but is not binding
- Regardless of panel opinion, plaintiff still have the right to proceed with a trial
Benefits
- Medical tort reform will save the federal government $54 Billion over 10 years
Elmendorf, D. W. (2009, October 9). Congressional Budget Office. Washington, DC. Retrieved from http://www.cbo.gov/sites/default/files/cbofiles/ftpdocs/106xx/doc10641/10-09-tort_reform.pdf.
(Reconstructed from CBO)
- H.R.4106 is bipartisan; co-sponsors are a democratic physician and a republican lawyer
- Will help reduce frivolous lawsuits while protecting a patient’s right to sue
- Broad support including the American College of Physicians
Please join Physicians for Healthcare Tort Reform and the American College of Physicians in *SUPPORT* of H.R. 4106 Saving Lives, Saving Costs Act, a bipartisan bill.
Contact
Physicians for Tort Reform
703-862-3245
