Proposed Comprehensive Plan for Medical Malpractice Civil Litigation and Insurance Reform in New York State


The leadership of the New York State Chapter sent the following letter to Richard Daines, MD, Commissioner, and to Eric Dinallo, Superintendent, New York State Insurance Department

The New York State Chapter of the American College of Cardiology strongly supports the implementation of a comprehensive plan for medical malpractice civil litigation and insurance reform in New York State. We believe that problems in these areas are jeopardizing medical care in New York State; that physicians, hospitals, and medical malpractice insurers are in increasingly difficult financial situations; that the current medical malpractice civil litigation system is not responsive to the needs of either plaintiffs or defendants; that the relationship between physician and patient is being compromised; and that the current liability environment does not improve patient outcomes or enhance the process of providing care and, in fact, often inhibits these processes.

We believe that immediate and systemic remedies for these problems are needed. The New York State Chapter of the American College of Cardiology supports the comprehensive plan for reform that has been presented by the Medical Society of the State of New York, which addresses the following issues and solutions:

  • Establishment of health courts permitting medical malpractice issues to be removed from civil litigation as we know it today
  • Vigorous pursuit of an incrementally developed no-fault system
  • Establishment of a reasonable cap on non-economic damages. It is our belief that without a solution which provides real relief, caps will have to be part of the discussion
  • Mandatory expert witness disclosure and ability to depose expert witnesses
  • Require expert witnesses to be board certified in the specialty of the defendant
  • Require plaintiffs to obtain a signed affidavit from a consulting physician to accompany the certificate of merit concluding that there is a reasonable basis for a medical malpractice lawsuit
  • Establishment of penalties against attorneys and plaintiffs who bring frivolous lawsuits
  • Make inadmissible at trial all statements of remorse, fault, or explanation made by a health care professional
  • The introduction of financial relief proposals, provided that they have the desired impact of reducing medical malpractice premiums
  • Establishment of quality and outcome improvement measures C particularly the development of peer-reviewed, clinically based and medical specialty quality/outcome measures; and improved access to continuing medical education for all physicians

    • It is our hope that a solution will be reached that is in the interest of the health of all New Yorkers.

    Sincerely yours,


    Harry C. Odabashian, MD, FACC
    President
    New York State Chapter of the
    American College of Cardiology


    Paul Kligfield, MD, FACC
    President
    The New York Cardiological Society


    Posted 11-01-2007 at 12:07PM

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