Physicians Aggressively Pursue Medical Liability System Reform

TRUMBULL — The Fairfield County Medical Association (FCMA) is asking the state legislature to limit noneconomic damages in medical liability lawsuits and stop the flight of physicians from the practice of medicine and maintain patient ability to seek quality medical care.

“We continue to struggle with this issue. It is literally about doctors’ survival — our ability to remain in the practice of medicine and the very real threat of patient access to quality medical care,” said Leonard Ferrucci, MD, chairman of FCMA’s Committee on Legislation.

The FCMA’s proposal is that lawmakers put a limit on noneconomic damages, while retaining full recovery of all economic damages, such as future medical care, prescriptions, lost wages, child care expenses, etc. To promote patient safety and quality of care, FCMA is urging lawmakers to fully fund the state’s physician disciplinary board so it can develop comprehensive guidelines for all aspects of its investigation of claims and disciplinary procedures. And, FCMA supports changes in insurance regulations to make the marketplace competitive.

The rising cost of medical liability insurance in Connecticut is jeopardizing access to medical care by forcing physicians to discontinue high risk procedures, move out of state, or quit medicine entirely, according to Frank Scifo, MD, president of the FCMA.

He continued that the system for resolving claims costs far too much, takes too long to reach decisions, and fosters the practice of defensive medicine, which squanders health care dollars. Physicians in Fairfield County recognize that too often patients who deserve compensation are left behind and those that do access the legal system often end up with less than their lawyers, Dr Scifo explained. Consequently, the FCMA also supports reasonable tort reforms that would make the system more effective and efficient by limiting awards on noneconomic damages without compromising accountability.

To reduce insurance premiums and guarantee that patients have access to medical care, FCMA is asking lawmakers to strengthen existing state laws — to curb frivolous lawsuits and speed up the litigation process.

“Since we have been assured by state lawmakers that they intend to focus on resolving this issue, it is more important than ever that we promote a system that focuses on patient safety and quality of care. Our short- and long-term reform proposals address those two issues,” said Dr Ferrucci.

The FCMA will host its annual legislative dinner on March 8 to share with legislators the details of its proposals. Already, a comprehensive package has been drafted into a bill introduced by State Rep Jack Stone.

“This is a public policy issue. It’s not about doctors; it’s not about lawyers; it’s not about special interest groups. Because our legislative leaders recognize this, physicians are optimistic the legislature will do the right thing for the public good by passing laws that will alleviate the crisis and enable physicians to continue to provide medical care to all the citizens of Connecticut,” said Dr Ferrucci.

Members of the Association will be asking their patients to become involved by providing information in their waiting rooms. To help physicians keep their practices open, patients will be asked to contact their legislators and express their support.

FCMA is the professional membership organization representing nearly 2,000 physicians in Fairfield County.