Medical Society backs 12-point plan to curb medical liability crises

Washington, DC, May 31, 2006 —  The Medical Society of the District of Columbia issued recommendations about how the District Council can provide doctors, hospitals and other caregivers some relief from costly liability insurance premiums, encourage the development of a city-wide program to prevent medical errors, and make the civil justice system more effective, efficient and just.

The recommendations, delivered to DC Council on Tuesday, note that DC’s current medical liability system treats physicians and patients unfairly.  Money that should go to the injured patient instead goes to cover attorney fees, defense costs and administrative costs.  The current medical liability system yields some awards that are out of proportion to the injury, inconsistent and arbitrary.  In addition, the system undermines doctor-patient trust, an essential component of quality care in the District.

MSDC urged the Council to adopt 12 reforms, many of which are found in some form in three bills currently before the Council.  The reforms include limiting attorney contingency fees; increasing transparency in rate setting;  requiring a certificate of merit before a suit can be filed;  allowing a jury to learn of other injury-related payments a patient is receiving; shortening the statute of limitations;  allowing awards to be paid out over time;  prohibiting a physician's expression of sympathy from being introduced as an admission of guilt;  limiting each defendant's portion of an award to an amount proportional to his or her liability;  and taking advantage of a federal program to prevent medical errors.  MSDC recommended that two years after enactment of any reforms, the District study their effects. 

These reforms, when enacted as a package, can ensure that patients injured by negligence receive full and fair compensation for their injuries; apply downward pressure on medical liability premiums; make the civil justice system fairer, more efficient and cost effective; promote greater patient safety while saving the District money; and reducing health care costs. 

"We have had three hearings and three bills introduced to the city council that addressed fixing the broken medical liability system in DC,” said Dr. Peter E. Lavine, Chairman of MSDC. “There seems to be consensus that a package of reforms to improve the insurance industry, civil justice, and patient safety would be an excellent first step.  Reform aimed at insurance companies alone will not work.  We are hopeful that this balanced approach will be supported by the DC Council and will be passed this fall.  This is the only way to stop the exodus of physicians from leaving DC and it will protect DC residents' access to health care."  Dr. Damian P. Alagia, President of MSDC concluded, "Physicians have three options when faced with rising medical malpractice premiums: restrict practice, relocate practice, or retire from practice.  In the end, the patients who cannot get the care they need are the ones who suffer."

The Medical Society of the District of Columbia (MSDC) is dedicated to the well-being of physicians and their patients in metropolitan Washington, DC. MSDC is a member of the American Medical Association's federation of state, county and medical specialty organizations.  Approximately 2,000 physicians and medical students are MSDC members.

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