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  Medical Liabilty Reform

 

Policy Synopsis

The College of American Pathologists supports enactment of medical liability reform to promote the basic goal of providing access to all necessary health services, deter substandard or unethical practices and encourage improvements in the safety and quality of medical care.

Policy

The College of American Pathologists supports enactment of medical liability reform to promote the basic goal of providing access to all necessary health services, deter substandard or unethical practices and encourage improvements in the safety and quality of medical care.

The College strongly supports the establishment of a $250,000 limit on the total amount of non-economic damages that may be awarded to a claimant.

The College supports the reduction of the total amount of damages awarded to a claimant by the amount of any past or future payments from collateral sources.

The College supports mandatory periodic payment of awards based on a schedule approved by the court or dispute resolution system.

The College supports a sliding scale limit on contingency fees paid to attorneys representing claimants in medical liability actions.

The College supports certificate of merit requirements as a prelude to filing medical liability cases and establishment of standards for expert witness qualifications.

The College opposes the concept of enterprise liability and urges Congress to reject proposals to establish federally-funded demonstration projects to test the feasibility of the concept.

The College supports tort reform at the federal level and additional federal actions that encourage or allow states to implement stronger tort reform measures.

The suspension of the statute of limitations for minors should be limited to a reasonable time period.

Revision History

Adopted August 1995
Reaffirmed August 1998
Reaffirmed August 2001
Revised April 2008
Reaffirmed December 2013