American College of Cardiology

S. 11 was introduced last week by Sen. John Ensign, R-Nevada, and closely resembles the medical liability reform bill (H.R. 5) that passed the House of Representatives earlier this year.

Specifically, S. 11 would:

• Allow for full compensation of all economic damages, with a $250,000 cap on noneconomic damages, such as those for pain and suffering;
• Establish a reasonable statute of limitations for filing a lawsuit to ensure speedy resolution of claims;
• Limit plaintiff attorney contingency fees so that a bulk of any award goes to the patient; and
• Provide states the flexibility to enact their own reforms.

Senators must hear from their physician constituents in support of S. 11

Concerns over the medical liability system have been brewing for years and now rising premiums have reached crisis levels in many states. An alarming number of insurers have left the medical liability market, resulting in rising liability premiums for medical specialties not typically associated with high risk, including cardiology. High medical liability premiums in some states have forced physicians to limit their services, retire early, or relocate to a state where liability premiums are more stable.

At least one cause of skyrocketing medical liability premiums is litigation costs. A relatively small percentage of medical liability cases ever go to trial. But it costs an average of $24,699 just to defend a claim. Contributing to rising liability premiums is the unrestrained escalation of jury awards and settlements. Today, more than one-half of all jury awards exceed one million dollars and the average award is nearly $3.5 million. The result of high liability insurance premiums is increasing health care costs for all Americans.

Call, e-mail, or fax your senators today and ask him or her to:

• VOTE YES on S. 11, the “Patients First Act;” and
• Oppose any weakening amendments.

If applicable, tell your senators how rising medical liability premiums in your state are affecting your practice and patient access to quality health care.

You can contact your senators by calling 1-800-335-4860. Your 4-digit access code is 2273. Or e-mail your senators via the ACC’s Web site at www.acc.org. Simply click on the “Take Action Now” icon.

For more information about this issue, visit the ACC’s Medical Liability Reform Resource Center which can be found on the ACC Web site under “ACC Advocacy Working for You.” If you have any questions, please contact Camille Sorosiak in the ACC Legislative Affairs Department at (800) 435-9203 or csorosia@acc.org.