Tort Reform and Life Care Planning

During the most recent session of Congress, the House of Representatives passed a medical malpractice tort reform bill which contained sweeping changes. Although the companion bill in the Senate was defeated in Committee by a small margin, it is expected to be amended and reintroduced during the 2004 session of Congress. In addition to national legislation, more than half of the state legislatures are presently considering or have already enacted medical liability reform legislation. In review of this legislation as a whole, it is apparent that these tort reform measures will have a significant and wide-encompassing impact on health care management. It is, therefore, essential for Case Managers and Life Care Planners, as well as other professionals involved in access to health care and allocation of health dollars, to acquaint themselves with these laws and understand their potential implications. This article seeks to both provide a brief overview of proposed tort reform legislation and address some of the potential short and long-term ramifications of this legislation to case management and life care planning. In reviewing this material, consideration should be given to the fact that tort reform, although restricted to the medical malpractice arena at the present time, is already being debated for application in virtually all areas of tort litigation. A copy of H.R. 5 is printed in its entirety following this article.