CAPP Backs Federal Effort to Control Medical Liability Crisis; Patient Protection CEO Testifies Before Congress.Legal Writers/Political Writers/Health/Medical Writers SACRAMENTO, Calif.--(BUSINESS WIRE)--Feb. 28, 2003 As the nation continues to face a medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. crisis, the U.S. House of Representatives sought the expertise of Californians Allied for Patient Protection (CAPP). CAPP is a broad-based coalition dedicated to preserving the legal reforms enacted under California's Medical Injury Compensation Reform Act The Medical Injury Compensation Reform Act (MICRA) of 1975 was a California law designed lower medical malpractice premiums for Californians. Parts Micra Consists of the following parts: CAPP CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. Fred Hiestand testified today before the House Committee on Energy and Commerce educating legislators about California's MICRA, which is being used as a model in HR 5 (Greenwood, R-PA). President Bush is pushing for passage of HR 5. "Congress and other states now look to the California experience as they try to fashion solutions to the growing emergency with medical liability insurance," Hiestand told the House Committee on Energy and Commerce. "MICRA continues to prove that providing fair and equitable compensation for those negligently injured can be achieved in ways that preserve an orderly insurance marketplace and maintain access to quality healthcare. It is a success for Californians, and if enacted by Congress will benefit patients and taxpayers nationally." Hiestand described the California MICRA story in hopes of ensuring that a deja vu See DjVu. much like what California experienced in the 1970's does not take place across the nation. Hiestand also discussed the "Key Legal Reforms" for taming runaway malpractice litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. and liability premiums, and the importance of the $250,000 ceiling on non-economic damages. "History...counsels CAPP and our allies to support federal efforts to bring uniformity and certainty to the malpractice crises now afflicting af·flict tr.v. af·flict·ed, af·flict·ing, af·flicts To inflict grievous physical or mental suffering on. [Middle English afflighten, from afflight, numerous states through legislation modeled on California's experience, such as House Resolution 5," Hiestand said. President Bush, Congress and state lawmakers are looking at MICRA as a model because it has lowered premiums while ensuring patients access to health care and to legal redress should they be injured from medical malpractice. Due to MICRA: -- California's premiums are one half to a third lower than in other populous states such as Florida, New York and Texas; -- Patients receive payment after an incident in a time span 26 percent shorter than the national average; -- The cost of a medical liability settlement in California is 53 percent lower than the national average, and; -- MICRA allows health care professionals to focus on providing quality care without having to engage in the costly practice of defensive medicine. MICRA puts a $250,000 ceiling on explosive non-economic "pain and suffering" damages while assuring full compensation for economic losses, including wages, medical bills, rehabilitation rehabilitation: see physical therapy. and custodial care Custodial Care Non-medical care that helps individuals with his or her activities of daily living, preparation of special diets and self-administration of medication not requiring constant attention of medical personnel. for as long as necessary. MICRA also permits voluntary and binding arbitration to resolve disputes over more expensive and cumbersome court trials, informs the jury of other payments a plaintiff is receiving for the same injuries sued on, marshals and preserves resources for ongoing care of the plaintiff by allowing periodic payment of future damages, and assures that the most severely injured plaintiffs get a proper share of any recovery by requiring that attorneys' contingency fees be paid on a sliding scale slid·ing scale n. A scale in which indicated prices, taxes, or wages vary in accordance with another factor, as wages with the cost-of-living index or medical charges with a patient's income. -- the larger the recovery the more goes to the injured patient and less to the lawyer. For more information about CAPP and MICRA, visit www. micra.org or contact Fred Hiestand at (916) 448-5100 or Danielle Walters, CAPP Executive Vice President at (916) 448-7992. |
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