In hammering out health care reforms, US Senators on the Finance Committee are now considering
proposals to change how medical malpractice lawsuits are handled.
The first possibility is to establish a special courts in which a
judge with medical expertise would hear malpractice case, according to Sen.
Kent Conrad (D-ND). Under this scenario, it is assumed that a medical
judge would not be as easily swayed by emotion as lay juries. Another possibility includes the option of arbitration and some
liability protection for doctors following “best practice” clinical
standards in treatment of patients. From the Associated Press via Google:
Many economists are skeptical that malpractice insurance premiums
paid by doctors — or even the practice of defensive medicine to avoid
litigation — are major reasons for soaring health care costs. But the
issue looms large politically because many conservatives in both
parties are convinced that doctors routinely order up tests their
patients don't need because they're afraid of getting sued.
Obama's
overture in his Wednesday night speech could give him a way to peel off
some Republican votes, as well as shore up support from moderates in
his own party. The president said that while he doesn't see malpractice
changes as a "silver bullet," he's talked to enough doctors to suspect
that fear of litigation contributes to unnecessary costs. He's
directing the Health and Human Services Department to provide funding
for pilot programs to test some alternatives to litigation.
"I
hope this signals a commitment to meaningful malpractice reform," said
Sen. Mike Enzi, R-Wyo., one of only three Republicans in the Senate
still negotiating with Democratic counterparts seeking an elusive
bipartisan compromise.
Doctors' groups, which lost the battle for
national limits on jury awards for pain and suffering, now see a
possibility for other ways to reduce malpractice lawsuits.
Read about it here and here -- including responses from AMA spokespersons and a poor soul representing trial lawyers (who see the possible changes will be ruinous for them).