States Have Initiated Tort Reform Experiments

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President Barack Obama can look to a variety of models as he seeks to fulfill a pledge to fund state tort reform experiments, a longtime wish-list item for physicians, the New York Times reports. States have so far tried a few approaches, with mixed results, and considered more.

They include, a cap on non-economic damages supported by the American Medical Association; medical screening panels that "attempt to weed out frivolous suits;" "apology statutes" that ban physicians admission of error from being used as evidence in court; early compensation offers by physicians and hospitals that preclude law suits; safe harbor systems that protect doctors from law suits when they follow practice guidelines; birth funds that compensate families for childbirth injuries and are financed by physician surcharges; and, special medical courts that would approach malpractice cases with more specialized expertise (Underwood, 10/13).

This information was reprinted from kaiserhealthnews.org with kind permission from the Henry J. Kaiser Family Foundation. You can view the entire Kaiser Daily Health Policy Report, search the archives and sign up for email delivery at kaiserhealthnews.org.

© Henry J. Kaiser Family Foundation. All rights reserved.

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