FLASH: AARP Endorses "Fair and Reliable Medical Justice Act" 

( Washington D.C.) -The current medical liability system is broken," said Congressman Mac Thornberry, at a Capitol Hill news conference marking the filing of the "Fair and Reliable Medical Justice Act." The bipartisan bill, introduced in the House by Thornberry and Rep. Jim Cooper (D-TN) is intended to promote patient safety through disclosure of health care errors, foster fairer and more efficient alternatives to the current medical litigation system and provide prompt, just and reasonable compensation to patients who are injured by health care errors.

The "Fair and Reliable Medical Justice Act" addresses these issues by providing 10 five year demonstration grants to states to be used to set up alternatives to litigation to resolve disputes over injuries allegedly caused by health care providers or health care organizations.

"Maintaining access to health care is fundamental to keeping our smaller communities alive," noted Congressman Thornberry. "Over the past decade many doctors have been forced into early retirement because their insurance premiums are simply too high to stay in business. Medical students are even choosing their career path based on liability issues, and many doctors in Texas are still faced with rising malpractice insurance rates, even after Prop 12 capped damages. This is especially true in high risk practices, such as obstetrician-gynecologists, who are already difficult to attract to small communities."

"I introduced a similar bill in 2005, and I am honored that Congressman Cooper (D-TN), Senator Enzi (R-WY) and Senator Baucus (D-MT) have agreed to take leading roles in this effort," concluded Congressman Thornberry. "This is truly a bipartisan bill. I am hopeful that, in addition to setting a good bill on its way to passage, we have demonstrated that people of good will can work together to break the partisan gridlock in Washington."

To view or download a copy of the bill click here.

Major Provisions of "The Fair and Reliable Medical Justice Act of 2007"
Introduced by Representatives Jim Cooper (D-TN) and Mac Thornberry (R-TX)

• Authorizes the Secretary of Health and Human Services to award up to 10 grants to states to develop alternatives to current medical tort legislation.
• The grants will last for up to 5 years.
• In order to receive a grant, the state's proposed system must collect data on patient injuries to help doctors and other medical providers form "best practices" policies to help improve patient safety.
• States will also have to show that their proposals for grants would:

1. Make the medical liability system more reliable through prompt and fair resolution of disputes.
2. Encourage the disclosure of health care errors.
3. Enhance patient safety by detecting, analyzing, and reducing medical errors and mistakes.
4. Allow patients an opportunity to opt out or voluntarily withdraw from the program.

• Grants will be awarded based on preference to states that:

1. Have consulted with health care providers and organizations, attorneys with experience in representing patients and health care providers, medical malpractice insures, and patient safety experts.
2. Have a proposal that is likely to improve patient safety by reducing medical errors.
3. Have state law that would not prevent the adoption of the alternative program at the time of application.

• Each of the state programs that receive a grant will be reviewed by a designated research organization and a yearly report will be submitted to Congress.

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