Among other items discussed was where to go on Medical Malpractice reform for Iowa.
This is an issue of obvious importance for all Iowa physicians and for all Iowans.
A report was submitted by the ad hoc committee appointed to review and make recommendations on med mal reform. The McCoy Report, as it is titled, was presented and discussed at length. Much length. (The much shorter report (shorter than the discussion!) is available on request as above.)
The McCoy Report suggested 3 areas of focus: Early Disclosure and Compensation, Safe Harbor for Evidence Based Medicine, and Contingency Fee Parameters.
Early Disclosure and Compensation builds on models from other states. In the event of a mal-occurrence, the patient would be informed and restitution offered. Where this has been implemented, case numbers have increased but size and cost of claims have plummeted. An important part of this effort is these actions are not considered reportable to the National Practitioner Data Bank.
Safe Harbor for Evidence Based Medicine would provide an affirmative (final/total, as far as the courts can go) defense. They could not be used by the plaintiff. These efforts have had mixed success. As you are aware, there are conflicting guidelines. The idea is that by sticking with one of these, the physician could at least demonstrate the logic at the time of the decision.
Contingency fee proposal is a method of ensuring profits are not excessive and that the patient receives the bulk of the award on a suit lost by the physician. Currently, up to 68% of the award stays within the legal system. (Those of you who have "benefited" from being a class member in a class action litigation are well aware of the irony and strange inducements of this system)