Exemplary Statutory Language

The ACEP State Legislative/Regulatory Committee, working with members of the Medical-Legal Committee, has developed the attached document containing exemplary state legislative language related to nine different facets of medical liability law.  The purpose of this document is to assist chapters in their pursuit of meaningful state liability reforms by providing them with exemplary legislative language that provides optimum protection for physicians and ensures fair treatment of patients. This model legislative language covers the following areas of liability law:

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Using proposed or enacted state legislation, ACEP's State Legislative and Regulatory Committee, with input from the Medical-Legal Committee, identified model legislation pertaining to various key elements of liability reform, including this document which provides exemplary language for non-economic damage caps.

 

Using proposed or enacted state legislation, ACEP's State Legislative and Regulatory Committee, with input from the Medical-Legal Committee, identified model legislation pertaining to various key elements of liability reform, including this document which provides exemplary language for increasing the burden of proof in liability cases involving emergency care providers.

 

Using proposed or enacted state legislation, ACEP's State Legislative and Regulatory Committee, with input from the Medical-Legal Committee, identified model legislation pertaining to various key elements of liability reform, including this document which provides exemplary language for certificate/affidavit of merit legislation.

 

Using proposed or enacted state legislation, ACEP's State Legislative and Regulatory Committee, with input from the Medical-Legal Committee, identified model legislation pertaining to various key elements of liability reform, including this document which provides exemplary language for periodic payments.

 

Using proposed or enacted state legislation, ACEP's State Legislative and Regulatory Committee, with input from the Medical-Legal Committee, identified model legislation pertaining to various key elements of liability reform, including this document which provides exemplary language for expert witness rules.

 

Using proposed or enacted state legislation, ACEP's State Legislative and Regulatory Committee, with input from the Medical-Legal Committee, identified model legislation pertaining to various key elements of liability reform, including this document which provides exemplary language for limits on attorney fees.

 

Using proposed or enacted state legislation, ACEP's State Legislative and Regulatory Committee, with input from the Medical-Legal Committee, identified model legislation pertaining to various key elements of liability reform, including this document which provides exemplary language for joint and several liability.

 

Using proposed or enacted state legislation, ACEP's State Legislative and Regulatory Committee, with input from the Medical-Legal Committee, identified model legislation pertaining to various key elements of liability reform, including this document which provides exemplary language for pre-trial screening panels.

 

Using proposed or enacted state legislation, ACEP's State Legislative and Regulatory Committee, with input from the Medical-Legal Committee, identified model legislation pertaining to various key elements of liability reform, including this document which provides exemplary language for callateral source rules.

 

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