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Skyrocketing
insurance premiums are debilitating the nation's health care
delivery system. Liability insurers are leaving the market
or raising rates to astronomical levels. In turn, more physicians,
hospitals, and other health care providers are severely limiting
their practices or are simply unable to practice medicine.
Without federal legislation, the exodus of these providers
from the practice of medicine will continue, and patients
will find it increasingly difficult to obtain needed health
care.
- Physicians
in Florida, Mississippi, Nevada, New York, Ohio, Pennsylvania,
Washington, West Virginia and other states are already in
crisis.
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In New York and Florida, obstetricians, gynecologists and
surgeons routinely pay more than $100,000 a year for $1
million coverage. Some are paying more than $200,000. A
physician facing these premiums is likely to practice defensively,
order extra tests and use only procedures that limit risk.
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For some, it goes to the heart of their practice. For instance,
many OB/GYN physicians have stopped delivering babies. The
problem has also spread to emergency rooms, where the crisis
takes on life-or-death proportions.
The
HEALTH Act safeguards patients' access to care through the
following common sense reforms:
 HEALTH
Promotes Speedy Resolution of Claims
HEALTH limits the number of years a plaintiff has to file
a health care liability action to ensure that claims are brought
before evidence is destroyed, while witness are available
and memories are fresh, Section 3.
Section
3 guarantees that health care lawsuits will be filed no later
than 3 years after the date of injury, providing defendants
with ample access to the evidence they need to defend themselves.
In some circumstances, however, it is important to guarantee
patients additional time to file a claim. Accordingly, the
Act extends the statute of limitations for minors injured
before age 6.
HEALTH
Fairly Allocates Responsibility
By holding defendants jointly liable, the HEALTH Act allocates
damages fairly, only in proportion to a party's degree of
fault and considering other payments already made, Section
4 and 6.
Instead
of making a party responsible for another's negligence, Section
4 ensures that a party will only be liable for her own share.
Under the current system, defendants who are only 1% at fault
may be held liable for 100% of the damages. This provision
eliminates the incentive for plaintiff's attorneys to search
for "deep pockets" and pursue lawsuits against those minimally
liable or not liable at all. Also, Section 6 requires that
the jury be informed of any payments already made.
HEALTH
Compensates Patient Injury
The Act allows injured patients to recover for economic
damages such as future medical expenses and loss of future
earnings, Section 4.
HEALTH
does not limit the amount a patient can receive for physical
injuries resulting from a provider's care, unless otherwise
restricted by state law. Section 4 limits unquantifiable non-economic
damages, such as pain and suffering, to no more than $250,000.
HEALTH
Maximizes Patient Recovery
Section 5 of the HEALTH Act empowers courts to maximize
patients' awards. The court may ensure that an unjust portion
of the patient's recovery is not misdirected to her attorney.
Section
5 will help discourage baseless lawsuits by limiting incentives
to pursue meritless claims. Without this provision, attorneys
could continue to pocket large percentages of an injured patient's
award, leaving patients without the money they need for their
medical care.
HEALTH
Puts Reasonable Limits, Not Caps, on Punitive Damages
The HEALTH Act places reasonable limits on punitive damages
to make the punishment fit the offense, Section 7.
HEALTH
appropriately raises the burden of proof for the award of
quasi-criminal penalties to clear and convincing evidence
to show either malicious intent to injure or deliberate failure
to act to avoid injury. HEALTH does not cap punitive damages.
Rather, it allows punitive damages to be the greater of
two times the amount of economic damages awarded or $250,000,
Section 7.
HEALTH Ensures Payment of Medical Expenses
To protect the delivery of future health care, Section
8 of the HEALTH Act allows the money for future medical expenses
to be paid periodically rather than in one lump sum.
Section
8 does not reduce the amount a patient will receive. Rather,
past and current expenses will continue to be paid at the
time of judgment or settlement while future damages can be
funded over time. This ensures that a plaintiff will receive
all her damages in a timely fashion without risking the bankruptcy
of the defendant. Penniless defendant's are in no party's
best interest.
HEALTH Allows State Flexibility
Section 11 of the HEALTH Act respects states' rights by
allowing states that have already enacted damages caps, whether
larger or smaller than those provided for in the HEALTH Act,
to retain such caps.
The
HEALTH Act establishes a ceiling on non-economic damages and
guidelines for the award of punitive damages, only in those
states where the state legislature has failed to act. A state
legislature may also act at any time in the future to impose
a cap the limits of which differ from those provided for in
the HEALTH Act.
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