Physicians, trial attorney back medical malpractice alternative

DES MOINES - The medical community and trial attorneys are promoting legislation they say will cause less litigation as well as better consequences for patients and physicians when medical procedure results 'differ from the intended outcome.”

House Study Bill 143 and a companion bill, Senate Study Bill 1176, would establish an alternative way to settle disputes over medical outcomes that allows patients and physicians to have open discussions without going through the court system, Sandra Jaques of the Iowa Medical Society told a House Judiciary subcommittee Monday.

The bills create a voluntary alternative to medical malpractice lawsuits that a patient or physician can initiate. Either party can walk away from the confidential process at any time and retain the right to seek a remedy in court, she said.

'This has worked well in other states,” Michael McCoy, MD, of West Burlington, told the panel. Resolutions can be achieved more quickly through the 'candor model” than lawsuits, he said. In Iowa, medical malpractice litigation takes longer than in neighboring states and medical malpractice premiums are higher in Iowa than in neighboring states other than Illinois.

Medical Society President Jeff Maire, DO, of Des Moines, said another benefit of the alternative resolution method is improved patient safety. Patients want to know what happened and why, he said, and how to prevent it from happening again.

'One of the most important things they say is ‘I don't want this to happen to anyone else,'” added Brian Galligan of the Iowa Association for Justice, which is backing the bill.

A Senate subcommittee has recommended passage.