Defining Medical Liability Reform:

The prospect of a million dollar award often induces patient and trial lawyer to seek damages when a physician did everything within his or her power to care for the patient. This explains why 30% of claims are frivolous, yet these suits end in payment 24% of the time.

Conversely, the possibility of a thirty million dollar settlement compels physicians and hospitals to mount an aggressive defense, even if they believe negligence took place. This explains why in the 44% of claims that are clearly valid, the patient is left uncompensated 21% of the time.

The United States has the most chaotic and unpredictable tort system in the world. Physicians for Reform seeks to defuse this highly emotional subject by discouraging frivolous suits and adding predictability to the awards. For PFR tort reform means:

1)    Two physician expert witnesses, randomly assigned from a pool of physicians created by the State Medical Society, are to appear in all malpractice suits. They must:

A.  Have been board certified in a field related to the suit within the past ten years.
B.  Be actively providing patient care averaging at least 30 hours per week.
C.  Be unknown personally by either plaintiff or defendant.
D.  Explain to the jury the medical details of the case, the standard of care for that specialty in that location, and the limitations of modern medicine.
E.   Evaluate the case for gross negligence indicating significant potential harm if the physician being investigated returns to medical practice.
F.   Be paid travel, accommodations, and a daily stipend for the days of practice missed by the defendant’s malpractice carrier.

2)    Any other physician expert witnesses brought to the case must have been board certified within the past ten years and must be actively providing patient care averaging at least 30 hours per week.

3)    If the two randomly assigned expert witnesses find gross negligence (representing significant potential harm to patients if the defendant returns to practice, not simply having the jury rule against him or her), the defendant must be referred to the State Medical Board for review. The State Medical Board must temporarily suspend the physician’s medical license until his or her records are reviewed for consideration of revoking his or her medical license or other corrective measures.

4)    If a physician and / or healthcare institution is found guilty of willfully negligent practice directly causing harm to a patient, non-economic damages (“pain and suffering”) will not exceed more than a hard cap of $250,000. This cap holds regardless of the number of causes of action or the number of claimants related to the injury involved. If more than one physician and / or healthcare institution is found negligent the award is paid in accordance to the percentage of responsibility of each. There is no restriction on medical expenses or lost wages. This cap includes wrongful death suits.

5)    There are no “punitive” monetary awards. Any “punitive” or corrective measure that is necessary will be taken by the State Medical Board.

6)    The trial lawyer may not collect any fraction of the money paid to the plaintiff for medical expenses resulting from the injury.

7)    A patient may not sequentially sue multiple physicians for a single adverse outcome once a case has been decided in favor of that patient. Only one award is to be made for a given adverse outcome.

8)    Physicians may offer a “safe apology.” A physician’s acknowledgment of an adverse outcome, expression of regret, or formal apology cannot be used as an evidence of guilt or negligence at a later trial. Demonstrated humility may well be enough to avoid a lawsuit. Lawsuits are often driven more by anger at a perceived non-penitent physician than by true negligence. However, a physician may be reluctant to express regret or offer an apology simply for fear of self-incrimination. This leaves the physician appearing arrogant and distant, inviting a possible suit.

9)    If a medical liability case is dropped prior to going to trial without payment to the patient (i.e. the case is without merit), the prosecuting attorney must pay 50% of the defendant’s legal expenses. This payment is limited to a maximum of $10,000. Additionally, the prosecuting attorney must pay $5,000 to each physician and/or institution named in the suit. The physicians/institutions named are not liable for the prosecution’s expenses.

10)  If a medical liability case goes to trial and the defendant is found not guilty of negligent practice causing damage to the patient, the prosecuting attorney must pay 50% of the defendant’s legal expenses. This payment is limited to a maximum of $20,000. Additionally, the prosecuting attorney must pay $5,000 to each physician and/or institution named in the suit. The physicians/institutions named are not liable for the prosecution’s expenses.

11)  If a medical liability case goes to trial and the case is determined to be “without merit” by the judge or jury, the prosecuting attorney must pay 50% of the defendant’s legal expenses. This payment is limited to a maximum of $30,000. Additionally, the prosecuting attorney must pay $10,000 to each physician and/or institution named in the suit. The physicians/institutions named are not liable for the prosecution’s expenses.

12)  The statute of limitations on all medical malpractice suits, including obstetrics and pediatrics, is three years from the date of the alleged negligence.

13)  The suit must be filed in the county in which the alleged malpractice took place. This gives juries an incentive to deliver just awards. A county that consistently delivers excessively harsh findings will soon find themselves without physicians and hospitals. A county that does not identify poor physicians will invite substandard care.