Withthree abstentions, the Medical Association of Georgia’s board of directors unanimously rejected the medical malpractice administrative tort system concept that was under consideration in the state when the General Assembly met in January of this year.
These physicians were asked to buy into a silver bullet solution that proponents say would “lower premiums and save tax dollars and pay injured patients quicker.” But having given both pro and con perspectives full and equal time and consideration, the leaders of the leading voice for the medical profession in Georgia concluded the “Patients’ Compensation Act” (S.B. 141) would simply represent a new tax on physicians and other health care providers.
The association determined S.B. 141 would increase the number of claims that are filed, increase costs for physicians and other health care providers, and repeal provisions of the tort reform bill (S.B. 3) that passed in Georgia in 2005, which has proven to be instrumental in creating a better medical practice environment.
A study conducted by Aon Risk Solutions for the Patients for Fair Compensation organization found that S.B. 141 would result in a 1,700 percent increase in claims for insignificant injuries like lacerations, bruises, minor scarsand rashes. Aon also calculated costs would increase by 13 percent, while the professional services company Towers Watson estimated costs could grow between 35 percent and 105 percent.
Noteworthy, too, is that former Georgia Attorney General Michael Bowers decided that S.B. 141 would be ruled unconstitutional by the Georgia Supreme Court.
The Medical Association of Georgia - the largest physician advocacy organization in the state with more than 7,400 members – spent more than a year evaluating S.B. 141, which has no proven track record in the U.S. I simply don’t believe you’ll find a more credible group to weigh in on this issue than the association’s board of directors because it is comprised of physicians from across the state who care for patients in a wide range of medical specialties and practice settings.
I have the privilege of interacting with some of these individuals on a regular basis as association president. From Savannah to Columbus to Atlanta, this talented and caring group agrees we need to continue to look for ways to improve Georgia’s tort system so they can allocate more time to patients and in delivering the best medical care in the world.
Yet these same physicians – having heard both sides of the argument – are also convinced that S.B. 141 is an unsustainable and losing proposition. In fact, the adage “If it sounds too good to be true…” has never been more apropos.
