The 130th Annual Meeting of APHA

5109.0: Wednesday, November 13, 2002 - 12:30 PM

Abstract #40505

Patient rights, tort reform, and the new medical malpractice crisis

Julia Field Costich, PhD, JD, School of Public Health, University of Kentucky, 121 Washington Ave, Lexington, KY 40536, 859-257-8709, jfcost0@uky.edu

The patient rights debate has languished in Congress for several years, primarily because of profound disagreement over the right of patients to sue their managed care organizations in roughly the same manner as health care providers or institutions. Organized medicine simultaneously embraces increased liability for health plans and decreased physician liability through tort reform initiatives. Recent changes in the cost and availability of professional liability coverage, most dramatically in Pennsylvania, bring the tension between patient rights and tort reform into sharper focus. The return to double-digit annual increases in health insurance premiums, which predated the rise in malpractice premium costs, suggests that those who pay for health benefits will have limited tolerance for increased costs associated with malpractice coverage. There are formidable legal and political obstacles to change in the current medical liability structure. Nevertheless, the time is ripe for a reassessment of alternative liability and compensation regimes. This study concludes with an evaluation of their potential for more equitable and efficient compensation, their ability to reduce medical error and improve patient safety, and their capacity to deter improper denial of health plan coverage.

Learning Objectives:

Keywords: Health Care Politics, Health Law

Presenting author's disclosure statement:
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.

Emerging Issues in Patient Rights and Public Health

The 130th Annual Meeting of APHA