SB413 Alabama 2016 Session

Under existing law, if a physician or other health care practitioner injures a patient because he or she has failed to follow the governing standard of care in the applicable area of medicine, the patient can bring an action against the physician or health care practitioner for medical malpractice

This bill would establish a Patient Compensation System to be administered by the Alabama Department of Public Health to provide for a mandatory alternative administrative procedure to address medical malpractice claims by a panel of physicians and medical experts to determine the payment of damages related to medical injuries

This bill would establish a Patient Compensation Board to govern the system and to approve a schedule of compensation for confirmed medical injuries

On or after January 1, 2017, this bill would require a person to submit an application with the Patient Compensation System in order to obtain compensation for a medical injury

This bill would provide that, upon a finding by the Office of Medical Review within the system of prima facie evidence that an application establishes a medical injury, a health care practitioner is afforded the opportunity to support or oppose the application, and contested applications are referred to an Independent Medical Review Panel for a determination of whether a medical injury exists. If it is determined that a medical injury occurred, the applicant shall be compensated according to the adopted schedule of compensation for medical injuries

This bill would require health care practitioners to pay an annual contribution amount based upon the practitioner's type of practice, from which compensation for medical injuries would be paid by the Office of Compensation, created within the system

This bill would also provide for the appeal of final determinations made in the system to the circuit court

Relating to health; to create a Patient Compensation System to be administered by the Alabama Department of Public Health for the recovery of damages related to medical injuries; to define terms; to create the Patient Compensation Board; to provide for membership and duties of the board; to create the Office of Medical Review, the Office of Compensation, and the Office of Quality Improvement within the system; to provide for committees within the system; to provide procedures for the application for compensation for a medical injury; to provide for an evaluation by an independent medical review panel; to require recusal upon a conflict of interest; to provide procedures for the review of applications, a final determination, and payment of compensation to applicants; to provide for the appeal of final determinations in the system; to require the board to assess a contribution amount to be paid by health care practitioners from which compensation awards would be paid; to create the Patient Compensation Fund; and to require certain reports to the Governor and the Legislature.