News & Commentary
MedWatch is a collection of recent news and commentary illustrating how legal fear is
eroding the quality and availability of health care in America.
CG in the News is your source for recent news about Common Good's efforts to create a reliable
system of medical justice that will make health care safer and more accessible,
rapidly compensate injured patients, and effectively weed out bad physicians.
The most recent articles from each section appear below. MedWatch Obama Open to Reining in Medical Suits
Sheryl Gay Stolberg and Robert Pear, New York Times, June 15, 2009
In closed-door talks, President Obama has been making the case that reducing malpractice lawsuits can help drive down health care costs, and should be considered as part of any health care overhaul. Medical liability is an important component of the debate, but a controversial issue. Mr. Obama has not endorsed capping malpractice jury awards. But as a senator, he proposed legislation aimed at reducing both medical errors and lawsuits. Dr. J. James Rohack, the incoming president of the medical association, said the American Medical Association’s legislative experts are drafting a bill that would set out a way to protect doctors who are sued if they have followed professional practice guidelines. “We are supportive of anything that may reduce liability,” Dr. Rohack said, adding that he was heartened by Mr. Obama’s “recognition that defensive medicine contributes to unnecessary health costs.” » article
Obama Open to Reining in Medical Suits
Sheryl Gay Stolberg and Robert Pear, New York Times, June 15, 2009
In closed-door talks, President Obama has been making the case that reducing malpractice lawsuits can help drive down health care costs, and should be considered as part of any health care overhaul. Medical liability is an important component of the debate, but a controversial issue. Mr. Obama has not endorsed capping malpractice jury awards. But as a senator, he proposed legislation aimed at reducing both medical errors and lawsuits. Dr. J. James Rohack, the incoming president of the medical association, said the American Medical Association’s legislative experts are drafting a bill that would set out a way to protect doctors who are sued if they have followed professional practice guidelines. “We are supportive of anything that may reduce liability,” Dr. Rohack said, adding that he was heartened by Mr. Obama’s “recognition that defensive medicine contributes to unnecessary health costs.” » article
The Role of Medical Liability Reform in Federal Health Care Reform
Michelle M. Mello and Troyen A. Brennan, New England Journal of Medicine, June 15, 2009
The health care reform package should include reforms to the medial liability system, which is often blamed for contributing to rising health care costs. Michelle Mello and Troyen Brennan suggest three paths for reform. The first calls for state experimentation with programs where health care providers disclose unanticipated outcomes of care to patients and, in some cases, make prompt offers of compensation. The second approach shifts adjudication of claims to a tribunal—either an administrative panel that would award damages on the basis of judgments by neutral experts about the avoidability of the injury or specialized health courts presided over by judges with medical experts. A third approach creates a federal “safe harbor,” retaining the current process of adjudication but insulating physicians from liability if they adhered to evidence-based medical practices. If liability reform is included in a reform proposal, it could reduce costs, appease physicians and attract support from congressional republicans for a health care reform package. » article
CG in the news The Role of Medical Liability Reform in Federal Health Care Reform
Michelle Mello and Troyen Brennan, New England Journal of Medicine, June 15, 2009
Troyen Brennan and Harvard School of Public Health Professor Michelle Mello discuss the prospects for medical liability reform at the federal level, particularly focusing on health courts and other alternative systems.
Malpractice Laws Should Focus on Patients
Edward Dauer and Judith Ham, Denver Post, May 26, 2009
Common Good Colorado board members Edward Dauer and Judith Ham discuss the pitfalls of medical liability award caps and the need for real reform of Colorado's malpractice laws.
Just Medicine
Philip K. Howard, New York Times, April 2, 2009
Writing for the New York Times, Common Good Chair Philip K. Howard discusses the failings of today's medical liability system and advocates for pilot projects to test special health courts.
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