While the American Association for Justice (AAJ -- the trial attorneys) will undoubtedly not like it, the ACC is working with the several business groups, a number of consumer and labor groups and health care entities to get a coalition going that contains some real tort reform to run parallel to the health reform bills. We’re looking at a “third way” legislative approach that would accomplish several things:

• Provide malpractice liability protections for those who adopt health IT to enhance evidence-based care and quality;
  
  
• Ensure that statements expressing apology by physicians are not evidence for liability;
  
  
• Allow for conversations to prevent future injuries to be done without adding to later “negligence;”
  
  
• Promote certificates of merit; ensures that expert witnesses are actively practicing experts in the appropriate field upon which they are commenting; and
  
  
• Include periodic payments and other similar features to reduce premium costs. 

Note that the most effective reforms, namely caps on non-economic damages and limits on attorneys’ fees, are unfortunately not included because there is no way the Senate would entertain them. As it is, some of the things above (like periodic payments) could get carved off -- but we need the quality of care and meaningful use IT protections!

Photo: http://www.flickr.com/photos/mindgutter/ / CC BY-NC-ND 2.0