80.000 DUE PROCESS FOR PHYSICIANS

(See also Reimbursement, 265.000)

80.988          Mitigation of Unintended Consequences for Quality of Care Triggered by Value Based Payment Models

MSSNY will continue to advocate to protect physicians against wrongful termination from employment or network participation for reasons related to the cost of the care provided or directed by a physician for their patients. MSSNY will seek legislation prohibiting the use of value-based metric scores in the hiring of physicians and prohibit discrimination against physicians who do not submit value based scores. (HOD 2022-56)

80.989          Ethical Protection of Physicians

MSSNY will continue to support legislation that protects physicians from any retaliatory acts by employers, insurance companies, and other payers when they act in the best interest of their patients and in a manner consistent with their ethical obligations and consistent with state and federal laws. MSSNY will educate physicians regarding existing legal protections that limit retaliatory acts by employers, insurance companies and other payers when they act in the best interest of their patients in a manner consistent with their ethical obligations and consistent with state and federal laws. (HOD 2019-73; Reaffirmed HOD 2022-56)

80.990          Pardon Dr. John Natale

The Medical Society of the State of New York will petition President Donald J. Trump for the purpose of obtaining a pardon for Dr. Natale, offering some solace for the loss of his career and good name. (HOD 2019-204)

80.991          Free John Natale, MD

The Medical Society of the State of New York sent a letter to the Natale Family outlining MSSNY’s opposition to the criminalization of good faith errors in medical judgment and record keeping.  The Council approved a resolution to the AMA which was adopted and amended AMA policy H-160.954 to read:  (1) Our AMA continues to take all reasonable and necessary steps to insure that errors in medical decision-making and medical records documentation, exercised in good faith, does not become a violation of criminal law. (2) Henceforth our AMA opposes any future legislation which gives the federal government the responsibility to define appropriate medical practice and regulate such practice through the use of criminal penalties.  (Council 4/14/13)

80.992             Proposal for a “Two-Tier” Pain and Suffering System in Medical  Liability Cases:

MSSNY will seek legislation creating a two-tier pain and suffering award system for medical liability cases whereby

1. the jury’s award for pain and suffering would be capped at $250,000;
2. if the plaintiff’s attorney considered the award insufficient, he/she would be permitted to file a motion with the judge for a post-verdict modification;
3. the judge would be permitted, in the interests of justice, to adjust all aspects of the award, including pain and suffering; and
4. the judge’s decision regarding any pain and suffering award would not be limited to the $250,000 cap. (HOD 2010-63; Reaffirmed HOD 2019 in lieu of res 102)

80.993             Collaboration with the Bar Association on Apology Legislation: 

MSSNY will:

-support collaborative efforts with the American Bar Association (ABA) and the New York Bar Association to pursue legislation to protect statements of apology, confessions of regret, or admission of errors to patients and/or their families regarding less than anticipated clinical outcomes from being admissible as admission of liability;

-ask the American Medical Association to support collaborative efforts with the American Bar Association and its affiliates to pursue legislation to protect statements of apology, confessions of regret, or admission of errors to patients and their families regarding less than anticipated clinical outcomes from being admissible as admission of liability;

-utilize this collaboration and the American Bar Association policy that supports enactment of apology legislation to facilitate movement toward medical liability reform.   (HOD 2009-55; Reaffirmed HOD 2019)

80.994             Expungement of Record of Liability:

MSSNY will seek legislative, regulatory or other appropriate means to eliminate the requirement for a physician to report any information regarding a medical liability claim brought against him or her that has been concluded without monetary or other pecuniary relief being paid on behalf of that physician.  (Council 11/20/08; Reaffirmed HOD 2018)

80.995             Support the “Sorry Works” Program:

MSSNY supports the “Sorry Works” Program which also protects against the use of the physician’s admission against interest in a subsequent lawsuit as long as it is accompanied with meaningful tort reform and also urge the American Medical Association to support the Program.  (HOD 2008-97; Reaffirmed HOD 2018)

80.996             Bifurcation of Trial:

MSSNY will seek legislation to require bifurcation of trial in all medical liability cases.  (HOD 2007-53; Reaffirmed HOD 2017)

80.997             Use of Expert Testimony: 

MSSNY continues to advocate for meaningful reform regarding the use of expert testimony, including but not limited to:  (1) requiring pre-trial disclosure of the identity of experts; (2) requiring the deposing of experts; (3) requirements that experts have a similar specialty, clinical background, and be in active practice similar to that of the physician whose care is the subject of the action; or (4) through the establishment of programs where expert testimony can be pre-approved by appropriate medical experts.  (HOD 2007-52; Reaffirmed HOD 2017)

80.998             Medical Courts for Medical Liability Cases: 

MSSNY seeks the creation of medical courts which are composed of judges who have undergone specialty training and have been certified to hear medical liability cases.  (HOD 2007-51; Reaffirmed HOD 2010-64; Reaffirmed HOD 2020)

80.999             Professional Conduct Review: 

The basic principles of a fair and objective hearing should be accorded to the physician whose professional conduct is being reviewed. These basic guarantees are: a specific charge, adequate notice of hearing, and opportunity to be present and to hear the evidence, and to present a defense.  These principles apply whether the hearing body is a medical society tribunal or a hospital committee composed of physicians.  (Council 12/16/76; Reaffirmed HOD 2013; Reaffirmed HOD 2023)