Obama's Malpractice Reform Includes Legal Defense for Providers Who Use EMRs

Written by Jaimie Oh | February 18, 2011

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President Barack Obama is calling for a $250 million budget that would serve as a grant to the Department of Justice, which would help individual states rewrite their respective malpractice laws, according to a Bloomberg Businessweek news report.

In an effort to overhaul medical malpractice legislation, one of President Obama's top reform ideas is the creation of health courts. Judges with a specific set of expertise would preside over malpractice lawsuits and award compensation from a formal schedule. No juries would be included in the health courts, which some attorneys say would result in lower malpractice insurance rates for physicians.

Another proposed malpractice reform calls for a legal defense for healthcare providers who adopt best clinical practices and electronic medical records. The legal defense is based on the opinion that adherence to such high standards means providers are not being negligent, according to the report.

Other reforms include a "fair share" rule that would distribute malpractice payments in line with the amount of responsibility for damages and programs that require providers to disclose errors early, offer apologies and compensation and agree to implement change to protect other patients from future harm, according to the report.

Read the news report about Obama's malpractice reform.

Read other coverage about healthcare reform:

- President Asks Judge to Clarify Decision Against Reform Law

- Four States Exempted from Reform Law's Coverage Minimum

- Attempt to Defund Reform Law Rejected by GOP-Run Committee

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