BACKGROUND:
- Across
the country, hospitals and doctors are being hit with dramatic
increases in the premiums they pay for liability insurance.
- These
costs are hindering the ability of the people we serve to
get the health care services that they need.
- Without
reform, especially in today's uncertain economy, more and
more Americans will find that vital and valued health care
will disappear from their communities.
- Congress
must take decisive action to insure fair compensation while
protecting the public's ability to get the health care they
need when they need it.
PROPOSED FEDERAL REGULATIONS THAT NCONLSUPPORTS:
- Help,
Efficient, Accessible, Low Cost, Timely Health Care Act
- Limits
on non-economic damages:
(Limit amount plaintiff could receive for Pain and Suffering
to $250,000).
- Limit
on Contingency Fees:
(Attorneys share limit of 40% of first $50,000 of plaintiff's
award, to 33.3% of next $50,000, and lower percentage for
higher amounts).
- Periodic
payment
(Allow the award to plaintiff to be paid over time).
- Joint
and several liability reform
(Case with multiple defendants, the Health Act proposes
that defendants can be held liable for only their share
of the damages).
- Collateral
source reform/halt double recovery
(If plaintiffs sue for medical expenses and loss of income,
the Health Care Act allows doctors and insurance to inform
juries if the expenses have already been paid by an insurance
company).
REFERENCES:
Medical
Malpractice, 111. Insurance Issues Update. Modern Healthcare
Jan. 7, 2002.
The Health
Care Liability Crisis, Action Needed. American Hospital Association,
Feb. 2003.
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