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The Role of Medical Liability Reform in Federal Health Care Reform Michelle Mello and Troyen Brennan
New England Journal of Medicine, June 15, 2009 Policymakers in Washington have made clear their intentions to pass legislation that will induce sweeping changes in the health care system. Authors Troyen Brennan and Michelle Mello, a Common Good partner, discuss why including medical liability reform in the proposal might be both good policy and good politics in such an environment. Reforms aimed at curbing defensive medicine, nearly all parties can agree, would achieve worthwhile cost savings during a period of increasing deficits. Moreover, liability reform would provide some cushion to providers who face a reformed payment system and a new value-based approach. Finally, medical malpractice has long been a sticking point for Republican Congressmen, and including such measures in the legislation might encourage bi-partisan cooperation. Mello and Brennan describe three reform alternatives: early offer and disclosure programs, health courts or medical tribunals, and a federal "safe harbor" for physicians who adhere to evidence-based practices. Each of these alternatives would bolster patient safety, ensure predictability, and streamline compensation. A health court system, they note, "would address several fundamental problems with the current system, in which juries make decisions with scant guidance on complex scientific issues and what constitutes reasonable damages awards." ยป article
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