Two Democratic senators are aiming to move patient safety to the center of the medical liability debate.
Sen. Hillary Rodham Clinton (D-N.Y.) and Sen. Barack Obama (D-Ill.) have introduced legislation that would provide grant funding for physicians, hospitals, and health systems to routinely report medical errors to a national database. In cases in which patients were harmed, the hospitals and physicians involved would disclose the error and offer to enter into confidential negotiations on compensation. Any disclosures and apologies from physicians would be considered confidential under the bill.
“For too long, our health care system has discouraged the kind of communication needed to find and correct the conditions that lead to medical errors,” Sen. Clinton said in a statement. “Our bill puts patient safety first and creates an avenue for doctors and patients to find solutions outside of the courtroom.”
The two senators recently touted the benefits of the bill, the National Medical Error Disclosure and Compensation Act (S. 1784), in a perspective published in the New England Journal of Medicine.
In addition, medical liability insurers who participate in the program would be required to put a portion of any savings realized toward reducing physician premiums. For health care providers who participate, a portion of the savings must be used for activities that result in reduced medical errors and improved patient safety.
But some physician leaders are skeptical that the bill will gain any traction in an election year. The legislation was introduced last September and was referred to the Senate Committee on Health, Education, Labor, and Pensions.
Dr. Joseph Flood, chairman of the government affairs committee for the American College of Rheumatology, said the focus on patient safety is important but that the approach outlined in the bill could have unintended consequences.
Dr. Larry S. Fields, president of the American Academy of Family Physicians, said that Sen. Clinton and Sen. Obama had their chance to vote for comprehensive liability reform back in May when the Senate defeated a motion to consider S. 22. That bill would have capped noneconomic damages at $250,000 and allowed courts to restrict the payment of attorney contingency fees. Sen. Clinton voted against the motion, and Sen. Obama did not vote.