Trustee Election
These are the original issues in this subcategory
  • F I S A COURT
  • MANDATORY CONSUMER ARBITRATION
  • MEDICAL MALPRACTICE
Winning Issue » MEDICAL MALPRACTICE


In 2013, hospitals committed 17% fewer medical errors and reduced hospital-acquired infections, bedsores and pneumonia by 9%, compared to 2010. These and other improvements in hospital safety saved 50,000 lives, $12 billion in avoidable costs, and resulted in 1.3 million fewer patients suffering a hospital-acquired condition. Some have credited Obamacare reforms with this success. However, statistics show that at least 150,000 Americans continue to die from medical malpractice each year, much of it attributed to hospital and physician errors. This is more than double the combined number of Americans killed each year by breast cancer and in automobile accidents. Between 15,000 and 19,000 malpractice lawsuits are brought against doctors each year, and more than 15 cents of each dollar spent on health care is wasted on injuries resulting from medical mistakes. However, negligent doctors are rarely reprimanded for these mistakes. Health advocates say most states do not require public disclosure of negligent doctors and the American Medical Association only disciplines doctors in cases of extreme negligence. They claim this is one reason medical malpractice insurance is so expensive. Another reason healthcare and malpractice insurance costs are so high, these advocates say, is due to the antitrust exemption granted to the insurance industry in 1945. Many say this exemption allows hospitals to engage in uncompetitive behaviors such as collusion and price fixing. They claim this lack of competition fosters inefficiency, leads to medical mistakes, and increases the cost of healthcare. However, industry advocates claim frivolous lawsuits and astronomical awards by juries are causing healthcare costs and malpractice insurance rates to skyrocket. At least half of all medical malpractice lawsuit awards exceed $1 million. They warn that our access to good healthcare and competent physicians could be endangered if malpractice insurance costs are not controlled. These costs account for about 2% of all healthcare costs but insurance premiums for many physicians and specialists are increasing.


Pending Legislation: None




Options


  • I oppose reforming current medical malpractice policy and wish to donate resources to the campaign committee of either Rep. Paul Ryan or Sen. Mitch McConnell
  • I support imposing a 3 year statute of limitations on medical malpractice lawsuits; imposing sanctions for frivolous lawsuits; limiting non-economic malpractice damages to $250,000 with a $500,000 cap per injury; requiring proof of malicious intent to award punitive damages; prohibiting a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing an FDA-approved prescription drug, biological product, or medical device for an approved indication; providing for periodic payments of future damage awards, and wish to either reintroduce S.44 - Medical Care Access Protection Act of 2013 or MCAP Act (113th Congress 2013-2014), or a similar version thereof, and also wish to donate resources to the campaign committee of Sen. Rob Portman (OH) or to an advocate group currently working with this issue
  • I support sponsoring a bill requiring the American Medical Association and the medical malpractice insurance industry to provide the data necessary to establish a national public registry of physicians who have been found culpable of extreme negligence, or whose actions have resulted in medical malpractice settlements in excess of one million dollars, and also wish to donate resources to the campaign committee of Rep. Nancy Pelosi (CA) or to an advocate group currently working with this issue


Winning Option
  • I support imposing a 3 year statute of limitations on medical malpractice lawsuits; imposing sanctions for frivolous lawsuits; limiting non-economic malpractice damages to $250,000 with a $500,000 cap per injury; requiring proof of malicious intent to award punitive damages; prohibiting a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing an FDA-approved prescription drug, biological product, or medical device for an approved indication; providing for periodic payments of future damage awards, and wish to either reintroduce S.44 - Medical Care Access Protection Act of 2013 or MCAP Act (113th Congress 2013-2014), or a similar version thereof, and also wish to donate resources to the campaign committee of Sen. Rob Portman (OH) or to an advocate group currently working with this issue
There has been $0.00 pledged in support of this issue
Trustee Candidates

If elected as a trustee, the campaign committee of Sen. Rob Portman (OH) (or an alternate legislator) will be unconditionally awarded the funds pledged to this issue along with a letter requesting him to favorably consider either reintroducing S.44 - MCAP Act (113th Congress 2013-2014), or a similar version thereof.

If elected as a trustee, the AMA will be awarded the funds pledged to this issue along with a letter requesting these funds be used to advocate for measures which would protect the health industry from litigation and reduce malpractice insurance costs.

The mission of the American Medical Association (AMA) is to promote the art and science of medicine and the betterment of public health. The AMA states that antitrust relief remains a high priority for physicians. Legislation is needed to enable physicians and other health care professionals to effectively negotiate with health plans without fear of violating antitrust laws. Physicians should be allowed to negotiate contract terms that increase patient choice and improve quality of care. Patients and their physicians should make informed decisions about their health care needs, not insurers. The AMA believes that the rapid consolidation of the health insurance market and the unreasonable, non-negotiable contracts forced upon physicians are clearly evidence that pure application of the antitrust laws is not working as intended. The fact that many physicians feel forced to sign contracts that a reasonable business person would not accept raises serious questions about the dynamic of this market. Antitrust relief legislation would help reduce the critical imbalance in the health care marketplace and restore some power to physicians so they can act in the best interests of their patients.
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Trustee Election - Opening Date
April 9, 2020
Trustee Election - Closing Date
April 15, 2020