Washington, D.C. - U.S. Representatives Brian Baird (WA-3), James Moran (VA-8), and C.A. “Dutch” Ruppersberger (MD-2) today unveiled their new legislation: a comprehensive, common sense compromise to medical malpractice reform.     

The common sense solution will: constrain medical liability insurance costs that have forced many quality doctors to abandon medicine; curb meritless lawsuits that drive insurance and health care costs up; protect the rights of patients with legitimate malpractice claims; and improve the overall quality of health care by implementing improved measures for medical error reporting. 

“A practical approach to malpractice reform is long overdue,” said Congressman Baird, the bill’s chief architect.  “This legislation not only provides solid protections to patients, but also offers provisions that everyone can agree on.  This critical reform will move forward if Congress and the Administration can stop putting partisanship and special interests ahead of sound policy and the public’s interest, and instead agree to a common sense compromise.”
 
The comprehensive medical malpractice reform bill includes the following key provisions:

-Setting reasonable, inflation-adjusted limits on non-economic malpractice damages
-Penalizing meritless lawsuits and the repeated filing of unfounded litigation
-Providing mediation alternatives to litigation
-Improving state medical boards and establishing best practice standards
-Offering legal protections for the good faith reporting, investigation, and enforcement of medical errors
-Establishing voluntary, confidential reporting procedures for medical personnel, like those used by the FAA
-Requiring the medical liability industry to justify rate increases and pass savings along to consumers
-Providing liability protection for practitioners and institutions mandated to treat indigent patients
-Excluding medical devices and pharmaceuticals from the cap on non-economic damages 

"This comprehensive legislation will provide safeguards for patients where currently none exist,” said Congressman Moran.  “Establishing national guidelines for State Medical Boards will protect the consumer from grossly negligent doctors who duck disciplinary actions and litigation.  Provisions in the bill that promote successful mediation programs will expedite compensation to victims and also allow doctors to offer sincere apology without a fear that it could be used against them in court."

“Medical malpractice insurance rates are skyrocketing.  Doctors are leaving the profession.  Frivolous lawsuits are clogging our courts and taking money from patients who are truly injured by medical mistakes.  The legislation we introduced provides a comprehensive, common sense compromise for medical malpractice reform,” said Congressman Ruppersberger.  

The bill will be referred to House Energy and Commerce and Judiciary Committees.

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