Reform of Tort Law
Approved April 2011
Revised and approved by the ACEP Board of Directors August 2009 and April 2011
Reaffirmed by the ACEP Board of Directors October 1998
Originally approved as Council Resolution CR027 titled, “Reform of Tort Law” September 1985
ACEP endorses in principle federal laws, state legislation, or constitutional amendments to implement tort legal reforms, including but not limited to the following:
- Limitation of liability for non-economic damages;
- Holding judges accountable for the quality of scientific evidence presented in medical malpractice litigation;
- Joint and several liability;
- Recognition of collateral sources of compensation in granting awards;
- Structured payment systems for damage awards;
- Reduction of term length in statutes of limitation;
- Controls on attorney’s contingency fees;
- Qualifications for expert witnesses;
- Apologies without admissibility;
- Sovereign immunity for EMTALA required services;
- Recognition of local standards of care in rural areas;
- Immunity for following guidelines; and
- Pilot programs to study innovation such as health care courts and publishing expert witness opinions.