Chairman's Message => Summer 2003

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Summer 2003

Dear Colleagues,

Because of publishing deadlines, this report is being filed while the Special Session on Medical Liability is just getting underway.

By the time you read this column we will know if the Florida Legislature has heeded the admonition of Governor Bush and the recommendations of the Governor’s Academic Task Force to craft a comprehensive bill to improve quality in medicine.

By the time you read this column we will know if the efforts of physicians, hospitals, insurance companies and small businesses have been successful in persuading the Florida Senate to adopt a cap on noneconomic damages.

By the time you read this column we will know if the Florida Legislature has taken the first step in reforming a tort system that is unreliable and inefficient. A system in which there is no correlation between medical negligence and litigation. A system that prevents rather than promotes improvements in patient safety.

What I can tell you is that no matter what happens in Tallahassee, the professional liability crisis is the highest priority of the American College of Obstetricians and Gynecologists.

ACOG has begun collaboration with Ken Feinberg, director of the no fault "9/11 Fund", and others to explore alternative dispute resolution mechanisms.
At a time when other committees of the College are meeting only once each year, the Professional Liability Committee will meet at least twice a year. I participated in their last meeting June 3rd . Present at that meeting, in person or on the phone, were the ACOG past president, current president and president elect as well as expert legal consultants from government, academia and private think tanks.
State as well as Federal initiatives will be explored, such as a NICA-like fund, to provide some quick relief. Long term, and more fundamental tort reforms, will also be pursued.
A formal linkage has been established between the Professional Liability Committee and the Quality Improvement and Patient Safety Committee (QUIPS). As chair of QUIPS Committee, I will serve as liaison to the PL Committee.
ACOG will work with Phillip Howard, the Cosgrove speaker at our ACM, and his organization, Common Good, to implement tort reform demonstration projects.
Risk management, safety and an understanding of the legal process will be incorporated into resident education.

Hopefully by the time you read this column we can celebrate the beginning of rational tort reform in Florida to head off a complete meltdown of our medical system. But win or lose, the Special Session is just another battle in what will surely be a long and hard fought war to reign in legal abuses. The resources and expertise available through the ACOG is at our disposal. As Phillip Howard said, our liability system is suffocating progress in America and has caused "The Death of Common Sense." We must all work together for the "Common Good."