Government

D.C. passes tort reform

NEWS IN BRIEF — Posted Jan. 29, 2007

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The Council of the District of Columbia in December 2006 passed a medical liability reform package, the first in nearly 30 years. Physicians praised the legislation as a first step but say it falls short of reforms such as the $250,000 caps on noneconomic damages in California and Texas.

"We have some tangible areas where we can measure the results," said Peter Lavine, MD, board chair of the Medical Society of the District of Columbia. "The next step is to address comprehensive civil justice reforms."

Under the Medical Malpractice Amendment Act of 2006, plaintiffs have to give a 90-day notice of intent to defendants before filing a medical liability lawsuit, and both parties have to engage in early mediation before going to trial. The law also says any "benevolent gestures" by defendants cannot be used against them in court as an admission of guilt.

Other provisions include an examination of closed claims against ob-gyns and prior approval of medical liability insurance rate increases above 7% by the District's Dept. of Insurance, Securities and Banking.

The reforms require doctors to report "adverse medical events" to a centralized database to be established by the district's Dept. of Health. The measure also gives doctors 60 days to report to the D.C. Board of Medicine any judgments or settlements in medical liability cases, as well as any disciplinary actions taken against them in other states.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2007/01/29/gvbf0129.htm.

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