Lawsuits have been vastly diminished, which means physicians had to find another way to make their case for additional reform, Dr. Uren said. For instance, emergency physicians sought protection for EMTALA-related care, arguing that it is a unique situation, but the state medical society saw that as a special carve-out that did not benefit other physicians, he said.
The fight continues, with a variety of bills being introduced to address different aspects of malpractice, said Dr. Uren. One bill proposed that the same malpractice standard used for attorneys be applied to physicians. It is almost impossible to sue an attorney for malpractice, he said.
On May 3, a bill was introduced in the Michigan Senate that would use the gross negligence standard to protect physicians who provide emergency care. It is the same bill, based on the Georgia law, that was originally introduced in 2009, Dr. Uren said.
The Michigan physicians have learned to be patient, he said. They have also learned to "never let a good crisis pass you by," he added.