Med-Mal Is NCOIL July Session Focus

NU Online News Service, June 29, 3:16 p.m. EDT?Possible measures that states can take to lower medical liability premiums by improving medical care and medical board regulation will be a key topic at an upcoming meeting of legislators, the group announced.[@@]

The issue is up for discussion at the July gathering of the National Conference of Insurance Legislators at Chicago's Hotel Inter-Continental.

A special Property-Casualty Insurance Committee meeting on, July 15, will explore options for encouraging patient safety in order to both protect consumers and help lower the cost of malpractice insurance.

NCOIL said the session activity will include considering a resolution that would have the organization investigate various ways to improve quality of medical care. The measure would commit NCOIL to further examine the issue during its Annual Meeting in November.

Among other things, a more detailed study could include development of a model law or white paper.

The proposed Resolution Regarding Medical Malpractice and Patient Safety, sponsored by Committee Chairman North Dakota State Rep. George Keiser, R-Bismarck endorses exploration of the following actions, among others:

?Developing standards for medical care that would require claim data analysis to look for patterns of medical errors that individual case reviews might overlook.

?Drafting proposals to beef up the operations of state medical boards that have the power to lift doctors' licenses.

Other areas mentioned in the resolution: requirements to equip boards with independent counsel, lowering the burden of proof they need to act, increasing board funding and staff.

It also calls for examining increased fines for hospitals that fail to do background checks on doctors with National Practitioner Data Bank. Better reporting of errors and training for doctors.

NCOIL said the upcoming session would have insurance regulators and representatives from carriers, consumer groups, trial lawyers, hospitals and physicians participating.

In February, NCOIL adopted a medical liability resolution endorsing civil litigation reforms including caps on non-economic and punitive damages for medical malpractice lawsuits and admission of collateral source evidence in such cases.

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