Proposed national medical malpractice reform poses challenges for states

Newly filed federal legislation has put medical malpractice reform at the center of a national debate. H.R. 5, the Help Efficient, Accessible, Low-Cost, Timely Healthcare Act (HEALTH) filed in January 2011, could impact the actions brought in state courts for medical malpractice. The HEALTH Act would preempt certain aspects of state law, and set a cap on non-economic damages for medical malpractice.

While some states have already implemented statewide medical malpractice tort reform, this law has the potential to limit state actions even further.

Medical malpractice reform has been touted as a solution to curb healthcare costs. States have massed sweeping changes that among other things limit a plaintiff’s non-economic damages. These caps fall anywhere from $250,000 to $500,000.

The legality of these reforms is widely contested. In Texas, a constitutional challenge regarding the cap has been brought to the state Supreme Court. In Georgia, the state Supreme Court let stand a jury’s ruling that in essence nullified the Georgia law on maximum liability. The jury returned a verdict with damages exceeding the cap.

While the virtues of medical malpractice reform are debated as the answer to skyrocketing healthcare costs, medical malpractice attorneys argue that it limits their client’s rights and does little to reign in negligent behavior on the part of medical providers. The attorneys contend that it merely takes away the ability to hold medical professionals to a standard of care and discourages patients from reporting negligent actions, further jeopardizing patient health and safety.

As the federal law moves through Congress, the debate will continue over whether the new reform will ease the growing economic burden of health care or simply limit patient’s rights.