Washington, DC -- The American College of Obstetricians and Gynecologists (ACOG) strongly supports the "Fair and Reliable Medical Justice Act," S. 1337, introduced by Senators Michael Enzi (R-WY) and Max Baucus (D-MT). This legislation authorizes the US Secretary of Health and Human Services to award demonstration grants to states for the development, implementation, and evaluation of alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health care providers or health care organizations.

"ACOG applauds the leadership of Senators Enzi and Baucus for their willingness to identify innovative and effective solutions for resolving medical liability litigation in this country," says ACOG President Michael T. Mennuti, MD. "The liability crisis is worsening every day and is affecting every aspect of our nation's ability to deliver health care services. Reform measures to help curb this escalating crisis are desperately needed and are needed now," he adds.

America's health care crisis is hurting the women of this country and hindering timely access to the obstetrician-gynecologists who care for them. One in seven ACOG Fellows reports that he/she has stopped practicing obstetrics because of the high risk of liability claims, and over 12% have decreased gynecologic surgical procedures for fear of being sued. Without liability reform, women cannot get the prenatal and gynecologic care they need, and many pregnant women cannot find doctors to deliver their babies.

While ACOG advocates national reform to end the medical liability insurance crisis, including a reasonable cap on noneconomic damages modeled on California's landmark MICRA law, we believe a comprehensive, multi-pronged approach is needed. The liability insurance crisis is complex, and state demonstration projects would provide an opportunity to explore strategies that complement a national solution.

This bill would provide funding for such alternatives as special health care courts, which would help guarantee that injured patients are fairly, quickly, and fully compensated for their economic and noneconomic damages. These special courts also would take injury claims out of the adversarial tort system, where facts are often poorly understood, and put them into the hands of experts whose goals are fairness and patient safety.

"ACOG has long endorsed measures to make health care safer for patients while also protecting access to the physicians who care for them. This legislation is an important step in the right direction toward fostering a reliable system of medical justice and enacting common sense reforms that protect patients, halt lawsuit abuse, and keep doctors in practice," says Dr. Mennuti.

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