/ en Sat, 26 Apr 2025 01:22:50 -0500 Fri, 30 Nov 18 16:43:59 -0600 /amicus-brief/2018-11-30-amicus-brief-north-dakota-associations-aha-and-american-medical-association <p>Amici Curiae Brief of the North Dakota Medical Association, North Dakota Hospital Association, şÚÁĎŐýÄÜÁż Association and American Medical Association</p> Fri, 30 Nov 2018 16:43:59 -0600 Liability Reform /news/headline/2018-02-15-bill-extending-emergency-professional-liability-across-states-advances <p>The House Energy & Commerce Committee yesterday approved the Good Samaritan Health Professional Act (<a href="https://www.congress.gov/bill/115th-congress/house-bill/1876?q=%7B%22search%22%3A%5B%22H.R.+1876%22%5D%7D&r=1">H.R. 1876</a>), AHA-supported legislation that would extend liability standards under the Volunteer Protection Act of 1997 to licensed health professionals who volunteer in another state during a disaster. “This legislation is a positive step toward removing an impediment for physicians and other clinicians who would like to volunteer in another state during a disaster,” wrote AHA Executive Vice President Tom Nickels in a <a href="/news/headline/2017-05-17-aha-voices-support-good-samaritan-health-professional-act">letter</a> to sponsor Rep. Marsha Blackburn (R-TN) last May. “While current state and federal laws provide some level of liability protections for licensed health care professionals administering health care services in response to a declared federal disaster, your legislation fills the gap in current law by extending liability protections to health care professionals crossing state lines to ensure people receive needed health care during such an emergency.”</p> Thu, 15 Feb 2018 14:43:26 -0600 Liability Reform /news/headline/2018-01-24-studies-highlight-continued-cost-burden-medical-liability-system <p>The average cost of administering or adjudicating a medical liability claim was $54,165 in 2015, 65% more than in 2006, according to a series of <a href="https://www.ama-assn.org/ama-studies-show-continued-cost-burden-medical-liability-system">trend reports</a> released today by the American Medical Association. More than two-thirds of claims were dropped, dismissed or withdrawn, but still cost an average $30,475 to defend, AMA found. Only 7% of claims were decided by a trial verdict, and the vast majority were won by the defendants. Despite increasing stability in liability premiums, more premiums have increased than decreased since 2015, the association found. “Information in this new research paints a bleak picture of physicians’ experiences with medical liability claims and the associated cost burdens on the health system,” said AMA President David Barbe, M.D. “The reports validate the fact that preserving quality and access in medicine, while reducing cost, requires fairness in the civil justice system. Every dollar spent on the broken medical liability system is a dollar that cannot be used to improve patient care.”</p> Wed, 24 Jan 2018 14:46:35 -0600 Liability Reform /node/130 <p>Across the nation, access to health care is being negatively impacted as physicians move from states with high insurance costs or stop providing services that may expose them to a greater risk of litigation.</p><p>The increased costs that result from the current flawed medical liability system not only hinder access to affordable health care, they also threaten the stability of the health care field, which employed 5.7 million people in 2015, and continues to be one of the largest sources of private-sector jobs.</p><p>An estimated $50 to $100 billion is spent annually on defensive medicine – services not provided for the primary purpose of benefiting the patient, but rather to mitigate the risk of liability.</p><p>To help make health care more affordable and efficient, the current medical liability system must be reformed.</p><p>The AHA also works closely with our affiliated organization, the <a href="http://www.ashrm.org/" target="_blank">American Society for Healthcare Risk Management</a>.</p> Tue, 17 Oct 2017 09:36:25 -0500 Liability Reform /letter/2017-06-27-aha-letter-house-supporting-protecting-access-care-act-hr1215 Tue, 27 Jun 2017 00:00:00 -0500 Liability Reform /lettercomment/2017-05-17-aha-expresses-support-good-samaritan-health-professional-act-hr-1876 <p>AHA letter to Representative Marsha Blackburn expressing support for the Good Samaritan Health Professional Act (H.R. 1876).</p> Wed, 17 May 2017 00:00:00 -0500 Liability Reform /webinar-recordings/2017-03-02-progress-intersection-patient-safety-and-medical-liability <p>U.S. health care leaders are continually working to improve care processes while advancing a medical liability system that better serves patients and providers. Doing so ensures patients are compensated fairly and in a timely manner and physicians feel confident in the tests they order and the care they provide.</p> <p>In 2009, the U.S. Department of Health and Human Services launched an initiative to help states and health care systems test models that improve patient safety, patient-doctor communication and medical-related compensation processes, while reducing liability premiums. The Agency for Healthcare Research and Quality (AHRQ) awarded $25 million for seven demonstration grants and 13 planning grants as part of this initiative.</p> <p>In December 2016, <em>Health Services Research</em> (<em>HSR</em>) journal published a <a href="http://onlinelibrary.wiley.com/doi/10.1111/hesr.2016.51.issue-S3/issuetoc" target="_blank">special issue</a> to report on some of the most important findings available from the seven PSML (patient safety and medical liability) demonstration grants. The issue also previews tools developed as a part of the PSML effort and discusses key implementation challenges to replicating these innovations and similar future policy and clinical interventions.</p> <p>This webinar is about AHRQ's endeavors to study the progress of health care at the intersection of patient safety and medical liability.</p> <p>During this webinar, participants learned:</p> <ul> <li>The advancements and outputs of patient safety and medical liability research in recent years</li> <li>The value of multicomponent interventions to improve perinatal and obstetric care outcomes for mothers and children</li> <li>The role communication/disclosure and resolution programs can play in fostering patient safety improvements and supporting patient-centered care.</li> </ul> <p>Presenters:</p> <ul> <li>Moderator: Carolyn Clancy, M.D., deputy under secretary for health for organizational excellence, Veterans Health Administration</li> <li>Jim Battles, Ph.D., former project officer of AHRQ's Patient Safety and Medical Liability Initiative</li> <li>William Riley, Ph.D., professor, School for the Science of Health Care Delivery, Arizona State University</li> <li>Thomas H. Gallagher, M.D., professor and associate chair, Department of Medicine and professor, Department of Bioethics and Humanities, University of Washington</li> </ul> <p>To view the presentation slides only <a href="../../../HPOE_Live_Webinars/03-02-17%20all%20slides.pdf" target="_blank">click here</a>.<br /> To view an archive of the presentation, click view item below.</p> Thu, 02 Mar 2017 00:00:00 -0600 Liability Reform /letter/2017-02-27-aha-rep-king-re-support-protecting-access-care-act-hr1215 Mon, 27 Feb 2017 00:00:00 -0600 Liability Reform /news/headline/2016-03-22-house-judiciary-committee-considers-medical-liability-reform-bill <p>The House Judiciary Committee today held a <a href="https://judiciary.house.gov/markup/h-r-4771-health-act-2016-h-r-4676-preventing-crimes-veterans-act-2016/" target="_blank">markup</a> to consider the Help Efficient, Accessible, Low-cost, Timely Healthcare Act (H.R. 4771), AHA-supported legislation that would implement medical liability reforms shown to lower health care costs and make health care more accessible. Reintroduced last week by Rep. Trent Franks (R-AZ), the bill would eliminate joint and several liability, provide for periodic payment of future economic damages and cap non-economic damages at $250,000, among other reforms, based on a model enacted decades ago in California. “Across the nation, access to health care is being negatively impacted as physicians move from states with high insurance costs or stop providing services that may expose them to a greater risk of litigation,” <a href="/advocacy-issues/letter/2016/160321-let-nickels-googlatte.pdf" target="_blank">wrote</a> AHA Executive Vice President Tom Nickels in a letter of support to Franks and Committee Chairman Robert Goodlatte (R-VA). “…To help make health care more affordable and efficient, the current medical liability system must be reformed.” The committee debated the bill but adjourned before voting.</p> Tue, 22 Mar 2016 15:38:00 -0500 Liability Reform /news/headline/2015-05-08-missouri-caps-non-economic-damages-medical-liability-cases <p>Missouri Gov. Jay Nixon yesterday <a href="https://governor.mo.gov/news/archive/gov-nixon-signs-bill-restoring-limits-noneconomic-damages-against-health-providers" target="_blank">signed</a> state legislation reinstituting caps on non-economic damages in medical liability cases. In 2012, the Missouri Supreme Court ruled unconstitutional a 2005 state law setting a $350,000 cap on non-economic damages in medical liability cases. The new limits, which will increase 1.7% annually, are $400,000 for non-catastrophic personal injury, $700,000 for catastrophic injury and $700,000 for death. “Missouri needs to be able to attract and retain health care professionals. The absence of a cap on noneconomic damages in medical liability lawsuits hurts Missouri’s position among the states as health care providers choose where to practice,” said Missouri Hospital Association President and CEO Herb Kuhn. “The new law will create certainty in the liability insurance marketplace and make Missouri a more attractive state for physicians and other health care practitioners.”</p> Fri, 08 May 2015 14:53:00 -0500 Liability Reform