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Explaining the Issue

There is nothing more powerful than personal contact, and nothing more persuasive than your personal story. In the battle for medical liability reform, we realize you may need help explaining the issue to your elected officials, as well as colleagues, patients, family and friends. Below are resources intended to assist you as you make your case for MLR in Tennessee.

 

Talking Points
How to Communicate with Your Legislator
Sample Letters 

 

 

Medical Liability Reform Talking Points  

 

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  • Tennessee is in a healthcare crisis -Tennessee has joined 20 other states in being declared a crisis state with regard to medical liability reform; the designation by the American Medical Association was announced on February 14. Tennessee doctors are closing their practices, retiring, or considering those choices.  Many are refusing to perform high-risk procedures; many more are practicing "defensive" medicine -- ordering costly tests and procedures -- to protect themselves from a lawsuit. This problem is already impacting the health of Tennesseans and will only worsen unless needed reforms are enacted.

  • Access to care is already a problem - Many Tennessee doctors are either leaving their medical field, refusing to perform high-risk procedures (i.e., delivering babies, working in emergency rooms or performing certain surgical procedures) or leaving the state for a location that has medical malpractice laws. This is creating an access-to-care issue, particularly for high-risk patients and those who live in rural communities.

  • Patients pay more due to litigation fears - The cost of defensive medicine is estimated at $70-$120 billion nationally and at $2 billion in Tennessee, much of this due to providers’ fears of unwarranted litigation. Nearly 80% of doctors report ordering additional tests and referring more patients for second opinions, given the existing legal climate.

  • It’s not just the “bad doctors” who are being sued - Tennessee physicians are a target of a legal system seeking to cash in on the lawsuit lottery. Of those who have practiced in the state for the past 10 years, 100% of cardiac surgeons, 92% of orthopedists and 70% of all doctors have faced legal action.

  • Most lawsuits waste time and money - Overall, nearly 88% of medical liability claims closed in 2004 resulted in no payment to the plaintiff. Those 1,534 suits resulted in defense costs totaling $16,514,490. In just one of the cases, defense costs amounted to more than a half-million dollars.

  • Injured patients will still have their “day in court” - MLR legislation would not block access to the court system or limit a patient’s right to receive legitimate awards for actual economic damages (loss of wages, medical bills) in cases of true malpractice.

  • Tennessee has a litigation problem - The number of lawsuits in Tennessee alone is equivalent to all of the lawsuits filed in Canada.

  • Reforms do help - According to the National Association of Insurance Commissioners (NAIC), total premiums for physicians’ liability insurance across the country have increased 920% between 1976-2003, while premiums in California, which enacted comprehensive reform in 1975, have increased only 282%.

  • Insurance costs make doctors rethink their careers - Average malpractice insurance premiums for Tennessee doctors have increased 90% since 1999, at an average of 13% per year. Without reforms, 69% of Tennessee doctors report they are contemplating early retirement or changing careers.

  • Reforms will mean award money goes to the patient, not the lawyer - Even when an injured patient receives a large award, a substantial percentage of the award – as much as 77% – never reaches the patient; it is eaten up by attorney’s fees, court costs, expert witness costs and other expenses.

  • Tennesseans support award limits - Based upon research polling in the summer of 2004, 56% of Tennessee residents believe jury awards have grown too large and that some limits should be set; nearly 75% of all Tennesseans support limits on awards in malpractice cases if faced with losing access to services.

  • Jury awards are soaring - Across the nation, the median jury award for medical malpractice in the U.S. doubled from 1997-2000 to an average of $1 million. Since 1991, the number of $1 million awards has increased 400%.

 

How to Communicate with Your Legislator

 

When it comes to lobbying your elected representatives, some methods are more powerful than others. We have been told by state lawmakers that the most effective contacts are, in order: 1) personal visit; 2) phone call; 3) letter; and 4) e-mail. Whether you are a seasoned veteran or a beginner, these are tips for getting your point across more effectively:

  • Don’t worry about party affiliation. You may find that some issues will cross the party lines and you especially need votes from those legislators you might have thought automatically would oppose your ideas.

  • Don't worry if you don't have every answer. Neither do they. You know more about the issue than they do; you are a resource.

  • Always be courteous. They do not take it lightly if their staff members report a guest’s impatience. Don’t be put off if an assistant answers the phone or refers you to a legislative aide - they will get the message and are interested in what you have to say, both as a constituent and a physician. Remember, it is you who elect them.

  • Be positive, and be brief. Try to start and end on a positive note. Even if the legislators cannot support your position on this particular issue, there will be other issues you may need their support on in the future. And remember, brevity is the soul of wit!

  • Make the ask. All contact meetings should seek some action on the part of the legislator. Ask for their vote and support for your issue. If they are opposed to the issue, ask that they hear out the debate and allow the issue to progress forward. Try to neutralize or minimize vocal opposition.

  • Do follow up to let your legislators know you appreciate their vote or support on a certain issue, attendance at a reception or dinner, etc.

  • Use TMA as a resource. If you have legislative questions, feel free to call our staff at 1-800-659-1862. Our weekly update, Legistat, can help you understand important bills and the actions needed. We need to know if you have contacted our targeted legislators, what issues are of concern to you, and how your contact with the legislator was received. Sign up for the Grassroots Physician Network if you have a close relationship with your legislators or wouldn’t mind taking the initiative to get to know them personally. For more information on working with your legislator, please contact Marcia Givens at 1-800-659-1862 or e-mail marciag@tma.medwire.org.

 

Sample Letters