​The U.S. House of Representatives voted on June 28, 2017, to approve a medical malpractice bill that limits noneconomic damage in civil lawsuits, according to an article the same day in the Washington Post. The bill, which passed by a vote of 218 to 210, will cap noneconomic damages awards to victims at $250,000. Noneconomic damages are intended to compensate victims for side effects such as pain and suffering or disfigurement. The cap is separate from damages patients receive based on loss of income. The cap would apply broadly to medical malpractice of all types, the article said, including surgical errors, as well as abuse and neglect in nursing homes. The American Hospital Association voiced support for the bill in a June 27, 2017, letter to Congress. "Defensive medicine costs the health care system an estimated $50 to $100 billion annually," the association's executive vice president wrote. "These costs do not primarily benefit the patient, but rather mitigate the risk of liability. To help make health care more affordable and efficient, the current medical liability system needs reform." According to the Washington Post article, the American Association of Neurological Surgeons also applauded the bill, calling it "common sense." Opponents of the bill, the article said, called it "a harsh and mean-spirited bill that will harm the most vulnerable and severely injured Americans."

HRC Recommends: Healthcare risk managers are often responsible for monitoring claims and lawsuits alleging negligence and medical malpractice against their facilities and staff and assisting their organization's legal counsel in responding to lawsuits. They should have a basic understanding of the legal principles governing tort liability and monitor medical liability reform initiatives in their organizations' jurisdictions and at the federal level.