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NAVIGATION PNHP RESOURCES
Posted on October 20, 2004

AMSA's Casey Kirkhart on Liability Reform

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Yesterday’s message on physicians’ ranking of liability reform as their number one issue provoked numerous responses. The predominant theme of the replies was that the dramatic increases in liability insurance premiums cannot be absorbed by fee increases since most fees are now controlled by public and private third party payers. It is clear that the current debate limited to MICRA-type reforms is missing the point. We need dramatic new approaches to the problem of medical injury.

Following is a much more inspiring message from a voice representing the future of health care in America.

Casey KirkHart, DO, Jack Rutledge Fellow of the American Medical Student Association (AMSA):

Thank you for this post and for your insightful comments.

I too have experienced a mix of reactions to the swelling of physician (and medical student) involvement in the political process vis a vis medical liability. As an organizer of future physicians, I relish the idea of students and physicians standing up together in the public eye to call for change to our dire health care system. Health professionals, in particular young doctors and students, must lead the call to reform as AMSA and others have done for decades.

On the other hand, I can’t think of a more fruitless and uninspiring political battle than the one surrounding tort reform. I spent the last few weeks touring medical schools in various swing states discussing the candidates’ health plans. The debate would invariably turn to medical liability, despite potential real ground to be made this November 2nd on health care access and affordability. While an important issue to address, I feel that it is more political “smoke and mirrors” in comparison to the bevy of ailments facing medical practice and the health care system.

In my leadership capacity, I have been asked to speak to and support efforts around tort reform, and when I do, I do so with caution. I suggest to medical students to examine every side of the medical malpractice issue, from the patient, lawyer, physician, and systemic perspectives, before investing oneself in the tort battle. Until we create a more comprehensive solution to malpractice, including those proposed by Kerry and Edwards, I fear little relief from the so-called medical malpractice crisis.

Some physicians’ organizations have made this their #1 legislative issue, but medical students have, quite possibly, the only comprehensive answers. In the last few years, AMSA has passed policy that describes our priorities in medical malpractice and I am proud to say that they are founded first and foremost in patient safety, physician security and excellence, and honoring the clinical relationship.

I invite you to read AMSA’s stance on medical malpractice at http://www.amsa.org/about/ppp/prof.pdf#zoom=120,40,50

We have produced a number of sophisticated educational pieces on medical malpractice and the forces that shape it. Please feel free to share this resource with your colleagues and students. I would appreciate feedback on this useful tool.

http://www.amsa.org/hp/issues.cfm

I hope you found these comments, well, hopeful. I can attest that in the hearts and minds of future physicians, our priorities differ greatly from those of the survey. The future of medicine is in good, strong hands.

In solidarity,
Casey KirkHart, DO
AMSA Jack Rutledge Fellow

Don’s comment: For those interested in this topic, I emphatically recommend the links noted in Casey’s message.