SB413 Alabama 2016 Session

Summary

Primary Sponsor

Trip Pittman

Republican

Session

Regular Session 2016

Title

Medical malpractice, administrative Patient Compensation System created to provide for an administrative process for certain medical injuries, Patient Compensation Board established, annual contributions by certain health care providers required

Description

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.

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Subjects

Health