Liability Reforms Recommended by APA and Other Medical Groups

A $250,000 cap on noneconomic damages.

Reform of the "collateral source rule," which prohibits the admission of evidence that a plaintiff's damages were or will be compensated from some source—such as medical insurance or workmen's compensation—other than the damages assessed against the defendant, and a ban on subrogation by certain collateral sources. (Subrogation refers to the efforts by insurance companies, or other sources, to recoup claims it has paid out already.)

Language from HR 816, the Provider Shield Act of 2011, that would prohibit new causes of action against physicians and other health care providers based on standards or guidelines specified in the Affordable Care Act.

Liability protections for physicians and other health care providers so that evidence of nonpayment or payment adjustments based on the Centers for Medicare and Medicaid Services' policies would be inadmissible as evidence in a liability claim or lawsuit to prove liability or establish a presumption of liability on behalf of a physician or other health care provider.

Liability protections for physicians and other health care providers who provide emergency care or volunteer to treat victims of a disaster by requiring clear and convincing burden of proof.

Reforms to require an individual who serves as an expert witness in a liability case to meet standards of expertise and knowledge.