Any malpractice claim that arises under a federal payer or a federal statute, the defendant should have an elective right of removal to federal court and avail themselves of this safe harbor provision. And so that's how we get around the federalism issue.
Chicago, Illinois (PRWEB) March 08, 2017
Healthcare Matters announced today that its video interview of United States Congressmen Phil Roe and Andy Barr — sponsor and co-sponsor of the American Health Care Reform Act of 2017— is available here.
The Healthcare Matters interview of Reps. Roe and Barr focused on the medical professional liability tort reforms contained in their American Health Care Reform Act. The congressmen’s legislation calls for medical review panels as well as a “safe harbor” provision that establishes the presumption of non-negligence if a physician named in a medical liability claim followed predetermined clinical practice guidelines.
Both Reps. Roe and Barr bluntly explained why caps on non-economic damages are a non-starter and how their approach satisfies the demands of more conservative lawmakers that any legislation respects the concept of federalism and the Tenth Amendment.
“Reps. Roe and Barr were incredibly candid about their hopes for reforming the medical malpractice system in the United States,” said Michael Matray, Healthcare Matters host. “Both congressmen acknowledged that any malpractice reforms would require 60 votes in the Senate and explained how their legislation could ‘thread the needle’ of mollifying the more conservative members of the Republican Party as well as attracting the eight votes needed from the Democratic members of the Senate.”
About Healthcare Matters
Healthcare Matters is an internet television program that explores the intersection of healthcare practice, the business of medicine and the law. Hosted by Michael Matray – editor of Medical Liability Monitor, the medical professional liability industry’s publication of record – Healthcare Matters investigates pertinent issues facing healthcare professionals such as succeeding in a post-Affordable Care Act healthcare delivery system, best practices for avoiding lawsuits, risk management, how to react when faced with a medical malpractice claim and new trends in medical liability litigation.
Healthcare Matters is sponsored by Cunningham Group, the medical malpractice insurance specialists.
Erik Leander, Executive Producer, 708-848-2300, eleander(at)cg-ins(dot)com