Medical Justice Act of 2011 (HR 896)

Sponsored by Rep. Mike Burgess (R-Tex.) with about eight cosponsors, this bill has been referred to the House Judiciary Committee. It is similar to Sen. Ensign’s bill modeled on the Texas system, with the important distinction that it does not preempt state law. ACEP supports the idea that strong medical liability protections must be implemented at the federal level to ensure that all physicians, regardless of where they practice, will receive these important protections. ACEP will continue to monitor this bill.

Key features include:

• Limits noneconomic damages to $250,000 from a provider and $250,000 from a health care institution (but no more than $500,000 from multiple institutions) for a possible total of a $750,000 cap on noneconomic damage.
• Caps wrongful death damages at $1,400,000.
• Requires unanimous jury decision for punitive or exemplary damages.
• Requires a report by a qualified expert in civil actions (in cases against physicians, the expert must be an actively practicing physician qualified based on training and experience).
• Allows periodic payments of future damage awards.
• Considers each party’s liability in direct proportion to responsibility.
• Sets statute of limitations at 2 years after date negligence occurred (for individuals 12 or older) or age 14 (for anyone under age 12).
• Provides protection for Good Samaritans who give emergency care.

Given the political climate of the current Congress, we believe one or more of the medical liability reform bills mentioned here have a very good chance of being approved by the House. However, the Senate and White House are still controlled by Democrats, who have historically not been favorable in their view of medical liability reforms. Nevertheless, President Obama has made numerous statements of support for medical liability reform, and we believe that if the right bill could get past the Senate, it would stand a good chance of becoming law. ACEP’s job is to help promote these measures before Congress and work to put medical liability bills with the best chance of success before the Senate.

ACEP will continue to urge Congress to pass these bills, which will benefit the emergency medicine community and, ultimately, our patients. We understand that this is a huge priority for our members and will impact their daily practice of emergency medicine. Be assured that not only is ACEP monitoring the changing medical liability landscape, but we are also actively working to shift it in our favor.