 
----------------------------------------------------------------------------------------------------------------- 1. Friends of trial lawyers trying to
filibuster liability reform bill. 3. AAPS reluctant to support sweeping
national bill. 4. AMA grassroots line available to contact
Senators to urge vote. 5. Summary of bill. ------------------------------------------------------------------------------------------------------- 1. The Senate is expected to vote
today on the Medical Liability Reform Bill, S. 11, “Patients First Act of 2003”
if an anticipated filibuster by Democrats is blocked. 2. But even if the friends of the trial
lawyers lose their battle to block the vote, our sources tell us that the bill
will most likely fail when it comes to a vote. It has no Democratic sponsors, and Sen.
Bill Frist, M.D., the Senate Leader, admits that they probably don’t have the 60
votes needed to overcome the filibuster.
Dr. Frist is intent on forcing some kind of vote on the bill to get
opponents’ position on the record.
We see no harm in this strategy. 3. The AMA has done good work on
this bill, but as usual, AAPS is reluctant to support a sweeping federal bill
that could result in the usual unintended consequences. (A summary of the provisions is
below.) 4. If you want to see this bill come
to a vote, call your Senators today and urge them to vote YES on the Motion to
Proceed. The AMA is asking that
doctors use their free grassroots hotline to contact the
Senate: AMA Grassroots
Hotline (800)
833-6354 5. SUMMARY OF “PATIENTS’ FIRST ACT OF
2003” -CAPS NON-ECONOMIC
DAMAGES Allows patients to recover unlimited
economic damages such as future medical expenses and loss of future earnings
while establishing a cap on non-economic damages, such as pain and suffering,
of $250,000. -JOINT SEVERABILITY.
Damages allocated in proportion to a
party's degree of fault. -STATUTE OF
LIMITATIONS. Limits the number of years
aplaintiff has to file a healthcare liability action to ensure
that claims are brought while
evidence and witnesses are available.
-EXPERTS FOR HIRE.
Mandates that relevant medical
experts testify in malpractice trials, as opposed to highly paid “expert witnesses” who
are often used to influence juries and foster abuses in the legal
system. SIGN UP FOR
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