About this episode
This month we take a high level view of the landscape of 'tort reform' in the US (and what does that even mean?)
Physician-lawyer Dr. Shilpa Mathew, MD JD, walks us through some basics of tort law and advocacy efforts in the US, how you can get involved, and why it matters. (Note: Dr. Mathew's views expressed in this podcast are strictly her own, and not representative of her employer or ACOG.)
Shilpa Mathew, MD, JD, is a Northern California physician double board-certified in Obstetrics & Gynecology and Lifestyle Medicine. She is a former practicing attorney who spent the latter half of her legal career focused on health insurance and regulatory compliance and brings a unique perspective to the intersection of law, medicine, and policy. She has long been active in health advocacy and policy efforts—ranging from things such as pro bono legal work to protect basic health rights of foreign detainees in US prisons to serving as a medical student delegate to the California and American Medical Associations. She has a particular passion for issues related to medical malpractice and focused her residency research project on malpractice knowledge, attitudes and perceptions of OB/GYN residents nationwide. Currently, she serves as the Co-Chair of the Legislative Committee for the American College of Obstetricians and Gynecologists in California, where together with a team, she helps shape policy to advance women’s health.
BONUS: In the introduction, host Dr. Gita Pensa talks about her own litigation advocacy wish list - there are some 'standard' wishes on there, and some you may not have considered before.
Here is Dr. Pensa's informal Holiday Wish List for malpractice litigation reform.
BIG picture, pipe dream stuff: no-fault systems or state based compensation funds, healthcare specific courts, specialized judges...
Protection for doctors
Similar to Utah HB 503 legislation: if doctors carry adequate liability coverage, no going after their personal assets
Or at least abolish post-judgment wage garnishment, or have limits on duration
Very clear and consistent protections of retirement accounts and primary residence
No punitive damages demands without case passing a strict standard/tribunal beforehand
Protection for mental health records and peer support/emotional support for health care workers
No data bank reporting in no-fault settlements
Employed doctors can't be named as individuals (think about other corporate litigation -- Boeing, for example. Engineers aren't named individually)
Employed physicians should get "litigation leave", time for litigation prep and trial, and no adverse consequences if productivity-based
Attorney reforms
Caps on plaintiff's attorney contingency fees, and no double dipping for costs above that
"Loser pays" ("
