House Bill Bars Medical Malpractice Lawsuits From Using Patient Ratings

The House of Representatives recently passed a measure that would prohibit plaintiffs who file medical malpractice lawsuits from using federal patient ratings as evidence of poor or incompetent care. The measure, a provision in a bill that received overwhelming support, would bar patients from using physician performance ratings required by Medicare, Medicaid and the Affordable Care Act as part of their medical malpractice lawsuits. Doctors and insurers claim that the measure preserves the status quo, while patient advocates see the measure as problematic.

Patient Ratings Spur Medical Malpractice Lawsuit Bill

The medical malpractice lawsuit provision stemmed from concerns regarding how patients in federal health care programs rate the quality of their care. Both federal and private health insurance providers require physicians to self-report on their processes. The insurers evaluate these responses and reimburse the doctors based on these evaluations. The House bill seeks to prevent plaintiffs in a medical malpractice lawsuit from using these evaluations as grounds in their cases.

Medical Malpractice Lawsuit Bill Passes By Wide Margin

The bill which included the medical malpractice lawsuit provision passed by a vote of 392 to 37. The main provision of the bill establishes a new system to reimburse physicians for treatments under Medicare. The bill prevented a 21 percent cut in fees to Medicare physicians that would have taken effect this month. Representative Michael C. Burgess (R-TX), the bill’s leading sponsor, said that the bill’s medical malpractice lawsuit provision prevents plaintiffs from using patient care ratings as “a federal right of action or a legal standard of care.”

Doctors, Insurers Favor Medical Malpractice Lawsuit Provision

Many groups representing the nation’s physicians have come out in support of the medical malpractice lawsuit provision. Dr. Robert M. Wah, president of the American Medical Association, told reporters that the medical malpractice lawsuit bill would ensure that patients could not use the ratings system “to invent new legal actions against physicians.” Brian K. Atchinson, president of the Physician Insurers Association of America, was quoted as saying that the bill would “preserve the status quot” and would “eliminate the uncertainty” surrounding the legal use of the ratings system.

Patient Advocates Fear Medical Malpractice Lawsuit Limitations

Advocates for patient rights have spoken out against the medical malpractice lawsuit prohibitions. University of Pennsylvania law professor Tom Baker said that the medical malpractice lawsuit provision “does not make any sense.” He also said that the ratings would “indicate what a reasonable doctor does and should do.” AARP attorney Kelly Bagby called the provision “very troubling,” as it would limit how nursing home residents could establish cases of abuse or neglect.

Source: New York Times

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