Issue Overview: Health-care costs are skyrocketing, making it more and more difficult for small employers and employees to obtain affordable health insurance and care.
There are many factors that contribute to increased costs. One of the reasons is the ever-increasing medical malpractice insurance premiums for health-care providers. This situation is causing crisis in many areas of the state, where communities are losing health care access altogether.
This session, the small-business community, health-care providers, insurance carriers and the largest medical malpractice insurer in Arizona are supporting SB 1036, a bill that would make procedural changes to the medical malpractice statutes. Specifically, the bill does the following:
- Restore fairness in litigation practices. Expert witness laws in medical malpractice litigation should be tightened.
- Physician apology laws. In a medical malpractice situation, a physician/defendant is oftentimes told by counsel to cease any communication with the injured plaintiff. Such discussions can be held to be non-privileged and admissible in court. However, such a discussion by a physician can act as an equalizer, giving the patient an accurate and empathetic explanation of the injurious outcome.
Apology laws, like in the state of Colorado, can prevent costly medical malpractice litigation. Doctor-patient discussions should be inadmissible in court, barring any gross physician misconduct or malpractice.
NFIB Position: NFIB supports efforts to keep health care affordable, while continuing quality care and accessibility to health care.
Issue Status: SB 1036, introduced by Sen. Carolyn Allen. Changes to medical malpractice statutes, including the addition of a list of qualifications that must be met for a person to be an expert witness; and language reciting that statements, gestures or conduct of a health care professional expressing apology, compassion or condolence are inadmissible as evidence of liability or as evidence of an admission against interest.
SB 1036 passed the full Senate and House this session. The governor signed SB 1036 in to law April 25.
What to Do: Please contact lawmakers by telephone or email to thank them for their efforts.
