Milestone: Evaluate alternative approaches to the current medical tort liability system
Tort reform may improve health system efficiency by reducing administrative costs associated with lawsuits, mitigating frivolous lawsuits and excessive awards, reducing malpractice insurance costs, and reducing the practice of “defensive medicine.”
*Milestone details:
*Full name: Evaluate alternative approaches to the current medical tort liability system.
*Relevance to the ACA:
While tort liability reform is not explicitly required by the ACA, several provisions, including encouragement for insurance reforms and a new demonstration program, will support states wishing to explore opportunities to revamp tort litigation pertaining to their health care systems.
§6801 - Encourages states to develop alternatives to the existing civil litigation system to improve patient safety, reduce medical errors, encourage efficient dispute resolution and improved access to liability insurance.
§10607 - Provides demonstration grants to states to develop, implement, and evaluate alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health care providers or health care organizations.
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District of Columbia
New York has implemented a judge-directed negotiation program to resolve cases that result from preventable medical errors. This presentation by Janet Cohn describes the program.