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New York, Utah physicians fight for liability protections

NEWS IN BRIEF — Posted March 9, 2009

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A bill moving through the New York Senate could cause medical liability premiums to skyrocket as much as 20%, according to officials from the Medical Society of the State of New York.

The legislation would give plaintiffs more time to file a medical liability case and revive certain claims that either expired or were dismissed. The measure, which is in committee, comes after physicians successfully staved off an impending double-digit insurance rate hike in 2008. The latest proposal could reverse that trend and further harm access to care, medical society officials warned.

Meanwhile, a bill headed to the Utah Senate would raise the burden of proof for liability claims based on emergency care. The state Senate Health and Human Services Committee passed the bill in February.

The Utah Medical Assn. sponsored the legislation in hopes it would reduce frivolous lawsuits and ultimately lower health care costs, though opponents fear it will bar legitimate claims.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2009/03/09/gvbf0309.htm.

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