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2007 Proposed Legislation   |   Medical Liability Reform  |  Duty to Disclose (.pdf) | 
New CT Law: Timely Reporting WC Claims (.pdf)

Proposed legislation SB No. 1389 January Session, 2007 LCO No. 5179 entitled: An Act Concerning the Tolling of the Statute of Limitations for A Negligence Action By A Minor.

The Connecticut Society for Healthcare Risk Management takes the position that reforms are needed in state and federal laws to improve the predictability, efficiency and fairness of our medical malpractice legal system. The Society also believes that patients injured by medical negligence have the inalienable right to seek relief through the courts. However, the Society is exceedingly concerned with the failure of our legislators to take meaningful actions to resolve this crisis.

The increasing cost of medical liability insurance has evolved from numerous years of skyrocketing jury awards. According to the Connecticut General Assembly losses for medical malpractice insurers are higher in Connecticut than the nation as a whole on a per capita basis. Nationally, paid losses have increased 68 percent over the last 12 years. In Connecticut the increase was 112 percent. The American Medical Association has designated Connecticut as a state in crisis.

The Connecticut Society for Healthcare Risk Management is extremely concerned about the proposed legislation SB No. 1389 January Session, 2007 LCO No. 5179 entitled: An Act Concerning the Tolling of the Statute of Limitations for A Negligence Action By A Minor. We believe this proposed legislation will have a devastating impact on the already challenged medical malpractice environment for hospitals and physicians in Connecticut.

The Connecticut Society for Healthcare Risk Management Board of Directors, acting on behalf of the Society, point out the reality and potential consequences should this bill be adopted:

• It would be extremely difficult, if not impossible to find witnesses; many times they are deceased or have moved or if found, their recollection would not be true
  
• The Discovery of 20 years of medical records, especially for the discovery of evidence of head injuries, drug abuse, or anything that would impact on a plaintiff’s claim of neurological injury, is laborious, expensive and would have a high probability of being inaccurate, due to missing information
  
• Cases would become essentially indefensible
  
• If physicians do not have tail coverage for 20 years, then Hospitals would become the deep pocket for any settlement
  
• All insurance costs for hospitals and physicians would increase significantly; that is, if insurance coverage is available at all. There would be no predictability in claims experience and many insurers would consider exiting the Connecticut marketplace, further adding to services being unavailable for the underinsured patients
  
• The cost of record retention would increase notably
  
• The ability to mitigate a claim would be negatively impacted and compromised appreciably
  
• The apportionment of liability and rate of contribution would be significantly impacted
  
• The discovery process would be drastically compromised

The membership of the Connecticut Society for Healthcare Risk Management is firmly opposed to the proposed change to the Statute of Limitations entitled: An Act Concerning the Tolling of the Statute of Limitations for A Negligence Action By A Minor. We are requesting the legislature to seriously consider all of the position statements presented above, as well as the long term impact on our state’s medical malpractice environment when making their decision.