Bush Commitment to Medical Malpractice Reform Applauded

1/15/2003

From: Heidi Ecker of the American Osteopathic Association, 202-251-3951

SCRANTON, Pa., Jan. 15 -- The American Osteopathic Association (AOA) celebrates President Bush's renewed commitment to helping patients win back access to affordable quality health care through professional liability insurance (PLI) reform.

"It is very clear, by what we are seeing in states like Pennsylvania, reforms are beyond necessary to address the loss of health care access patients are experiencing," says AOA President Anthony Minissale, D.O. at President Bush's University of Scranton event touting PLI reforms. "The AOA thanks President Bush for his continued commitment to these important reforms and applauds his efforts to announce a national PLI reform 'call to action' here in Pennsylvania."

The AOA and its 49,000 osteopathic physicians (D.O.s) providing over 100 million patient visits each year, believe the sensible reform proposal President Bush unveiled in North Carolina and Mississippi last year will help stabilize the nation's shaky medical liability system and stack the odds of quality care access in favor of patients. "Our patients need access to health care. Our patients need doctors to be there. Our patients need medical liability reform. The AOA is committed to working with President Bush and Congress to enact these reforms," says Dr. Minissale.

Patients lose access when high premiums encourage physicians to leave counties and states for areas with more affordable liability insurance. Patients lose quality health care when a lack of physicians forces community hospitals to limit the types of services provided. This happened in Nevada with its trauma center closings. Patients lose affordable health care when litigation costs are passed on to patients through increased insurance premiums and out-of-pocket medical expenses

Last fall, the House of Representatives listened to the needs of patients and approved PLI reform legislation introduced by Rep. Greenwood (R-Pa.). While the 107th Congress closed before Senate action, the AOA is committed to PLI reforms in the 108th Congress.

Few states have adequate laws. That is why Congress must enact reforms today. While a number of states passed laws to limit non-economic/economic damages, limit attorney fees, enforce mandatory or discretionary roles on collateral sources, and address periodic repayment damages, the AOA does not believe these laws go far enough.

Much like President Bush's position, AOA supports six principles that, when implemented as a group, demonstrate the ability to address the aforementioned problems: (1) periodic repayment of future expenses or losses; (2) limitations on non-economic damages; (3) offsets for collateral sources; (4) joint and several liability reform; (5) limitations on attorney contingency fees; and (6) establish uniform statutes of limitations. These six principles are included in the 1975 California "Medical Injury Compensation Reform Act" (MICRA).

AOA represents 49,000 osteopathic physicians promotes public health, encourages scientific research, serves as the primary certifying body for D.O.s and is the accrediting agency for all osteopathic medical schools and health care facilities.