Medical Liability Reform Bill Introduced — Differing Ideas on Tort Reform Offered

On January 24, 2011, Rep. Phil Gingrey (R-GA), a physician who serves on the Health Subcommittee of the U.S House of Representatives Committee on Energy and Commerce, introduced a medical liability reform bill (as he has done each year since he was elected to Congress in 2002). Gingrey was joined by House Judiciary Committee Chairman Lamar Smith (R-TX), and Rep. David Scott (D-GA).

H.R.5, the Help Efficient, Accessible, Low-cost, Timely Healthcare Act (HEALTH) would impose a new statutory requirement, setting a statute of limitation of three years for filing a medical malpractice lawsuit, in addition to a variety of caps on awards juries would award to plaintiffs. Proposed caps include the following:

• Limiting the amount of non-economic damages to $250,000, regardless of the number of defendants, claims or actions files — this limit would not limit the amount of economic damages a jury could potentially reward
• Punitive damages would be held to no greater than twice the award for economic damages, or $250,000, and would be outright prohibited if the defendant was not proved to have acted with malicious intent or deliberate failure to avoid injuries
• Punitive damages would not be rewarded in the case of products approved by the FDA or against a health care provider which authorized the use of an FDA-approved product

The Alliance of Specialty Medicine sent a letter of support to Gingrey. The Heart Rhythm Society, as a member of the Alliance, was a signatory on the letter.
           Read letter » (PDF, 32K)

Concurrently, President Obama acknowledged the GOP’s efforts in his State of the Union address, stating,“Still, I'm willing to look at other ideas to bring down costs, including one that Republicans suggested last year — medical malpractice reform to rein in frivolous lawsuits.”

Democrats followed the President’s lead with their own proposals, although no legislation has been introduced in the relevant committees. Rep. Peter Defazio (D-OR) hasproposed “soft” noneconomic damage caps, with exceptions to adjust for inflation or for particular injuries.

Robert Andrew (D-NJ), Ranking Member of the House Committee on Education and Labor, Subcommittee on Health, Employment, Labor, and Pensions, also noted that the Affordable Care Act (ACA) authorized funds for tort reform efforts which have not had sufficient time to take effect. The ACA authorizes $50 million dollars to spend in five years by states which experiment with tort reform alternatives, but the funds where never appropriated for this calendar year, because the law was enacted after President Obama’s FY11 budget request reached Congress. Since that time, $25 million dollars in grant money was appropriated.

The Society will continue to monitor medical liability reform as more legislation is introduced to Congress.