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Struck Down in Georgia
[By Staff Reporters]
The Atlanta Journal-Constitution recently reported that Fulton County Georgia, Superior Court Judge Marvin Arrington, struck down the cap on monetary awards in a medical malpractice case. It was a decision that if upheld on appeal, could undercut a major component of Georgia’s tort reform laws.
Non-Economic Damages
The judge wrote that the legislative cap of $350,000 for non-economic damages, such as pain and suffering, was unconstitutional because it gave special protections to the medical profession.
Assessment
The case has not yet gone to trial, and Arrington’s decision does not apply to other cases. But, if appealed, it would give the Georgia Supreme Court a chance to overturn the caps in malpractice cases. In 2006, the Georgia Supreme Court stuck down another provision of tort reform when it ruled that defendants couldn’t decide in which county their medical malpractice case was tried.
Conclusion
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Filed under: Health Law & Policy, Professional Liability |
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Undoing the Damage From a NPDB Report
Reversing a National Practitioner Data Bank report is no small task, experts say. But physicians do have some recourse.
Notifications are mailed to physicians once a report is submitted to the data bank, so reports should be reviewed immediately; doctors may request a copy. Data bank reports are published as submitted by the reporting entity. To minimize potential disputes, those entities should consult with the doctor under review before submitting a report.
If the information published in a report is inaccurate, doctors first must contact the reporting entity to request a correction. If the reporting entity declines, the physician may petition the data bank to append a personal statement clarifying the report.
Doctors also can appeal to the data bank on whether the report was properly submitted according to federal requirements. If the reporting entity does not correct or void the report, or fails to act, doctors can petition the secretary of the Dept. of Health and Human Services for further review.
Sources: Dept. of Health and Human Services, Health Resources and Services Administration, American Medical Association
Ann
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Defensive Medicine
Many physicians between the ages of 25 and 34 are being taught to practice defensive medicine, according to this national survey by Jackson Healthcare; here in Atlanta, GA.
http://www.healthcarefinancenews.com/news/survey-young-physicians-taught-practice-defensive-medicine
And, the above comments and post reinforce the reasons why.
Kenneth
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Why tort reform won’t happen and why there are few malpractice caps?
For shame, if true!
Ann Miller RN MHA
[Executive-Director]
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Georgia Enacts Physician Shield Law
A provision in the U.S. House of Representatives’ version of the Patient Protection and Affordable Care Act that was left out of the Senate version has been resurrected and signed into law in the state of Georgia. Signed by Gov. Nathan Deal on May 6, Georgia’s physician shield law prevents administrative payment guidelines from being introduced as the standard of care in malpractice suits.
“The development, recognition, or implementation of any guideline by any public or private payor or the establishment of any payment standard or reimbursement criteria under any federal laws or regulations related to healthcare shall not be construed, without competent expert testimony establishing the appropriate standard of care, to establish a legal basis for negligence or the standard of care or duty of care owed by a healthcare provider to a patient in any civil action for medical malpractice or product liability,” the new law states.
Source: Andis Robeznieks, Modern Physician [5/7/13]
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Public Citizen Decries Fall in Malpractice Awards, but AMA Debunks Report
In spite of a small jump last year, medical malpractice payments seem to be trending downward, although medical errors remain a major problem, according to a report from the consumer group Public Citizen. But the American Medical Association, a long-time critic of the consumer group and its methods, questioned the validity of the report. While noting a small increase in malpractice payments, the first in a decade, Public Citizen said it is troubled by the overall decline in the volume and value of such claims over the last 15 years, because it found no sign that the actual incidence of medical errors is falling. If anything, the group said, “the actual crisis over avoidable medical errors is worse than we ever knew.”
A representative of the American Medical Association told MedPage Today via email that any study using data from the National Practitioner Data Bank (NPDB) was “inherently flawed.” The spokesperson added, “The Government Accountability Office has determined that the NPDB is riddled with duplicate entries, inaccurate data, and incomplete and inappropriate information.” “Less than 10% of medical liability claims were decided by a trial verdict, and the vast majority of them — 89% — were won by the physician defendant in the case,” the spokesperson added.
Source: Shannon Firth, Medpage Today [10/25/14]
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