Health Reform Law: The Physician Insurers Association of America Reviews Four Alternatives

By Holly Hayes

American Medical News posted a review of some of the tort alternatives being considered as part of health reform that were discussed at the Physician Insurers Association of America in May:

experts gave insurers a glimpse into four possible alternatives to be tested under the health reform law: health courts, early offers, apology programs and medical review panels. They detailed how the options could alleviate pressures within the current liability system by reducing claims and costs, and by improving efficiency and fairness for physicians and patients.

The Patient Safety and Liability Demonstration program discussed here on Disputing, was enacted in March and designates “$50 million in incentive payments to encourage states to test alternatives to damage caps and other more traditional tort reform. The provisions expanded on a separate $25 million patient safety and liability demonstration
program approved by the Obama administration in 2009. The deadline for those grants,
overseen by the Dept. of Health and Human Services, was in January. Awards have yet
to be announced.”

Douglas B. Wojcieszak, founder of Sorry Works! Coalition argues, the problem with the current liability system is more than just a legal issue. The problem is a relationship issue where litigation can stem from communication barriers between patients and doctors that can arise after an adverse event.

Mr. Wojcieszak says discussing these incidents with “patients and empathizing with them — which does not mean admitting liability — changes the conversation from anger to what’s fair … and you only change the discussion when you inject honesty and accountability. It won’t stop every lawsuit. But we know it stops a lot of lawsuits.”

For more on the patient/physician relationship and communication, see our post here.