Medical Liability Reform
The CNS supports legislation to provide common sense, proven, comprehensive medical liability reform. Federal legislation modeled after the laws in California or Texas, which includes reasonable limits on noneconomic damages, represents the “gold standard.” The Congressional Budget Office (CBO) has shown that comprehensive medical liability reform would provide $54 billion in savings to the federal government. Other solutions should be adopted including: (1) Applying the Federal Tort Claims Act to services mandated by the Emergency Medical Treatment and Labor Act; (2) liability protections for physicians who volunteer their services; (3) liability protections for physicians who follow practice guidelines set by their specialties; and (4) clarifying that the Affordable Care Act (ACA) did not create any new causes of action. Organized neurosurgery, together with coalitions of medical organizations, is leading the charge to tackle medical liability reform.
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