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Bill: Medical Malpractice Reform Act
Details
Submitted by[?]: Social-Liberal Party
Status[?]: passed
Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: March 2095
Description[?]:
| The Parliament of the Beluzian Republic Observing that under the current law, malpractice suits may be brought against doctors only if death occurs; Further observing that there is no restriction on damages claimed in Medical Malpractice suits; Believing that patients should have the right to be compensated for damages such as medical and legal expenses, even if death does not occur, if such damages are the result of Medical Malpractice; Concerned that the right to sue for Medical Malpractice may be abused, and determined to restrict this right insofar is necessary to prevent excessive abuse; Resolves to reform Medical Malpractice regulations; 1. Patients who have undergone a medical procedure, in a hospital or other controlled medical environment, performed by certified medical professionals, may sue for Medical Malpractice. 2. a. Medical Malpractice must be attributable to serious errors on the part of the medical professional performing the medical procedure. In order for damages to be awarded, the medical professional must have acted against established medical procedures or ethics, or have demonstrated incompetence in performing the medical procedure. b. Compensation will not be given for damages as the result of medical procedures that are inherently risky – such as experimental surgery or transplantations - provided that the patient was informed beforehand of the risks. c. A patient is not required to be informed of the risks beforehand in the case of emergency surgery or other medical procedures where it is not possible to inform the patient beforehand of risks involved. 3. a. A judge will establish whether any case brought before the Courts is a case of Medical Malpractice. The Judge will be supported by an independent team of medical experts in making this judgement. b. A judge will establish the awarded damages as the result of Medical Malpractice. an independent team of medical experts. Damages awarded may only include medical and legal expenses that can be brought to account before the court by the victim of Medical Malpractice. These expenses are to be verified by the court. |
Proposals
Article 1
Proposal[?] to change Malpractice suits.
Old value:: Malpractice suits may be brought against doctors only if death occurs.
Current: Malpractice suits may be brought against doctors.
Proposed: Malpractice suits may be brought against doctors.
Article 2
Proposal[?] to change Tort reform on non-civil lawsuits.
Old value:: There is no cap on monetary damages awarded to patients in lawsuits.
Current: There is a cap on monetary damages awarded to patients in lawsuits.
Proposed: Lawsuits may only provide money for medical and legal expenses.
Debate
These messages have been posted to debate on this bill:
| Date | 20:18:50, August 09, 2005 CET | From | Partisans And Artisans League | To | Debating the Medical Malpractice Reform Act |
| Message | against |
| Date | 20:28:39, August 09, 2005 CET | From | Social-Liberal Party | To | Debating the Medical Malpractice Reform Act |
| Message | Perhaps the Honourable representative from the PAL could state reasons or suggestions for improvement? That would certainly help build their case, or make for a better proposal. |
| Date | 23:18:57, August 09, 2005 CET | From | Partisans And Artisans League | To | Debating the Medical Malpractice Reform Act |
| Message | No wait I'm for the first one. I read it upside down if you see what I mean and the second one I will need convinced on. I really don't have that stron opinions on it |
| Date | 21:34:53, August 10, 2005 CET | From | Catholic Workers Movement | To | Debating the Medical Malpractice Reform Act |
| Message | This seems to be a sensible way to handle the thorny issue of medical malpractice. |
| Date | 22:16:33, August 10, 2005 CET | From | Social-Liberal Party | To | Debating the Medical Malpractice Reform Act |
| Message | This bill will enable Malpractice suits may be brought against doctors, if they operate and make misstakes, like amputating the wrong leg. Right now, there is no way to appeal whatsoever and no compensation. This bill will make sure that patients are compensated in situations like this. However, the bill also places some sensible restrictions on claims, to prevent patiens from claiming 3 million for emotional damage because one of their toes hurt for three days and the doctor only said it just before the surgery. We believe that patients should be fairly compensated for medical and legal damages, we do not believe in creating a paradise for lawyers. |
| Date | 23:08:48, August 11, 2005 CET | From | Catholic Workers Movement | To | Debating the Medical Malpractice Reform Act |
| Message | Good. A paradise for lawyers would be a hell for everyone else. |
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Voting
| Vote | Seats | |||||
| yes |
Total Seats: 177 | |||||
| no | Total Seats: 7 | |||||
| abstain | Total Seats: 116 |
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