The American
College of Emergency Physicians (ACEP) recently released its
report
card of emergency medicine in the country for 2014. The
association ranked Colorado number one (again) among the states for
its Medical Liability Environment. Only two states made an A in this
category, and the nation overall received a C- for its medical
liability environment.
What is it about Colorado's medical
liability environment that leads this physician group to rank it the
best in the country? Following are the features cited in the report
that led to Colorado's superior grade:
- Allowing health care providers to apologize to patients without those statements being admissible in court as evidence of wrongdoing
- Maintaining expert witness rules that provide for case certification
- Requiring expert witnesses to be of the same specialty as the defendant and licensed to practice medicine in the state
- Allowing malpractice awards to be offset by collateral sources
- Maintaining its $300,000 cap on non-economic damages despite continuous efforts to increase it
ACEP is a professional organization of
emergency medicine physicians in the U.S. that engages in legislative
and regulatory advocacy on behalf of its membership, among other
activities. The fact that a lobbying group for doctors thinks so
highly of Colorado's medical liability environment might serve as a
signal to consumer groups and lawmakers who are concerned about the
welfare of patients injured due to medical malpractice and want to
see victims of medical negligence fairly compensated for the harm
done to them by medical errors. Maybe Colorado shouldn't try so hard
to consistently be the "best" in the country in this
particular area.
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