HANYS Testifies at Medical Malpractice Reform Hearing

Despite all of the resources that go into adjudicating and redressing claims of medical malpractice, the current malpractice system falls far short of meeting its intended goals. It often compensates individuals unevenly, inaccurately, and after long delays; is unreasonably costly; threatens access to care; and does not include recommended provisions to deter unsafe practices.

That message was delivered by HANYS, Greater New York Hospital Association, and Iroquois Healthcare Alliance in joint testimony yesterday at a hearing on medical malpractice issues hosted by the State Senate Insurance, Health, and Codes committees.

The associations discussed health care providers’ unwavering commitment to patient safety and listed many quality improvement initiatives in which New York State hospitals participate. They testified that the malpractice system extracts significant resources from the health care system that can be better applied to improving patient safety and access.

They discussed the negative impact of high malpractice costs on recruitment and retention of physicians. They also noted that astronomical malpractice insurance costs in specialties such as obstetrics are threatening access to care because hospitals are under intense financial pressure to eliminate unprofitable services such as obstetrics.

Recommendations to improve the medical malpractice system include:

• Improve Dispute Resolution Mechanisms: The existing system for resolving claims is lengthy, unnecessarily costly, inexact, and ineffective. Serious consideration should be given to creating health courts.
• Establish Funds for Neurologically Impaired Newborns: The cost for these cases should be removed from the court system since science and medicine indicate that many cases of neurologically impaired newborns are not the result of provider negligence.
• Develop Clinical Guidelines: Establish appropriate standards of care.
• Enact a “Sorry Works” Program: To encourage early and candid communication between practitioners and patients free of the fear that honest expressions of remorse will become litigation points.
• Cap Non-Economic Damages: One of the most effective ways to reduce medical malpractice coverage costs is to impose reasonable caps on damages for pain and suffering.

They also testified against recent legislative proposals that would make malpractice costs even higher, including eliminating the plaintiff attorney graduated contingent fee schedule, extending the state’s statute of limitations, prohibiting a defendant from interviewing a plaintiff’s treating physician or physicians, and damaging amendments to the State’s General Obligations Law. Contact: Mark Thomas