Radiologists sound alarm with state bill to more than double cap on malpractice damages
Radiologists are sounding the alarm with a proposed state bill aiming to more than double the cap on noneconomic damages in medical malpractice cases.
The Michigan House Committee on Judiciary recently advanced H.B. 6085 to the full legislature for further consideration. First introduced in November, the bill would “correct a historical wrong” by moving death caused by medical malpractice from the lower cap to the higher one, according to the Michigan Association for Justice.
Radiology advocates have rallied against the measure, worried it could “threaten the stability” of the state’s healthcare system, ACR reported Thursday.
“We can’t afford to return to the pre-reform days dominated by excess litigation and exorbitant premiums. Michigan’s patients and physicians deserve better,” Michigan Radiological Society President Rocky Saenz, DO, said in a statement.
Meanwhile, a second proposed measure, House Bill 6086, would expand the damages to be sought in medical malpractice cases stemming from the wrongful death statute. It would do so by including speculative damages based on projections of the deceased’s “lost earning capacity” and household services, according to the Michigan State Medical Society. The society noted that the bills have advanced along party lines, with 7 of 8 Democrats supporting 6085 while all Republican members presented voted no.
“MSMS and our partners in opposition have been preparing for this fight with calls to action underway and outreach to House and Senate members,” the society said in a Dec. 5 news item. “ We need all physicians and health team members to contact YOUR legislators immediately and let them know that preserving Michigan’s well-established liability laws is essential to ensuring that our state remains a place where physicians want to practice and where patients can access safe, affordable care.”
On the other side, the Michigan Association for Justice—an 80-year-old nonprofit “dedicated to advancing the needs and interests of trial lawyers”—attempted to rally support last week.
“Caps on medical malpractice claims have not made Michigan patients safer and have not led to reduced costs within the healthcare system,” the association said. “Medical malpractice is reported as the third leading cause of death in the United States. Michigan's laws should ensure patients and their families have the ability to receive reasonable damages when a tragedy has occurred.”
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.