Position Statement on
Tort Reform Support

BACKGROUND:

• Across the country, hospitals and doctors are being hit with dramatic increases in the premiums they pay for liability insurance.
• These costs are hindering the ability of the people we serve to get the health care services that they need.
• Without reform, especially in today's uncertain economy, more and more Americans will find that vital and valued health care will disappear from their communities.
• Congress must take decisive action to insure fair compensation while protecting the public's ability to get the health care they need when they need it.


PROPOSED FEDERAL REGULATIONS THAT NCONLSUPPORTS:

• Help, Efficient, Accessible, Low Cost, Timely Health Care Act
• Limits on non-economic damages:
  (Limit amount plaintiff could receive for Pain and Suffering to $250,000).
• Limit on Contingency Fees:
  (Attorneys share limit of 40% of first $50,000 of plaintiff's award, to 33.3% of next $50,000, and lower percentage for higher amounts).
• Periodic payment
  (Allow the award to plaintiff to be paid over time).
• Joint and several liability reform
  (Case with multiple defendants, the Health Act proposes that defendants can be held liable for only their share of the damages).
• Collateral source reform/halt double recovery
  (If plaintiffs sue for medical expenses and loss of income, the Health Care Act allows doctors and insurance to inform juries if the expenses have already been paid by an insurance company).
  



REFERENCES:

Medical Malpractice, 111. Insurance Issues Update. Modern Healthcare Jan. 7, 2002.

The Health Care Liability Crisis, Action Needed. American Hospital Association, Feb. 2003.