March 2014

Support the Saving Lives, Saving Costs Act of 2014

Background: The Saving Lives, Saving Costs Act of 2014 provides physicians subject to a medical malpractice lawsuit the option of a safe harbor based on adherence to clinical practice guidelines. A panel of qualified medical professionals would review the case to determine if the care provided adhered to the guidelines developed by relevant medical specialty societies, allowing physicians to use the panels findings as an affirmative defense. At the same time, the bill specifies that physicians whose care varies from guidelines arent automatically held liable. Why This Alternative? ACOGs support for medical liability reform alternatives predates many of our fellow specialty societies and the AMAs support for anything other than traditional tort reform. While we remain vigilant in our advocacy for tort reform, experience tells us that victory at this time is unlikely. Safe harbors make sense with the increasing emphasis on improving the quality of healthcare, including through greater use of clinical care guidelines. The new SGR Repeal bill, endorsed by ACOG, links improved quality with bonus payments in Medicare. Congress, federal agencies, and private insurers are all putting greater focus on quality over quantity of care. Safe harbors promote adherence to qualitypromoting guidelines, help reduce costs by reducing use of defensive medicine, and help eliminate frivolous lawsuits. What This Means for Ob-Gyns: ACOG is a strong advocate for quality health care for women and maintaining the highest standards of clinical practice for its members. We are proud of our evidence-based clinical practice guidelines and believe that adherence will result in the provision of high quality care, with the understanding that there will always be situations that require deviation from those guidelines. We also know that, even in providing the very best care, bad outcomes can occur. Ob-gyns should be able to rely on their adherence to ACOG guidelines to protect them from liability. ACOG House Ask: Co-sponsor H.R. 4106, the Saving Lives, Saving Costs Act, introduced by Reps. Andy Barr (R-KY) and Ami Bera, MD (D-CA). ACOG Senate Ask: Introduce companion legislation to H.R. 4106, the Saving Lives, Saving Costs Act.