Malpractice Bill: Comments Requested
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House Bill 35 (H. 35) Establishing a no-fault compensation program for medical malpractice claims involving primary care physicians - Being introduced by Representative Till, Jericho.
This bill proposes to establish a no-fault compensation program for medical injury claims brought against primary care physicians in Vermont. The program, which would replace the current litigation-based medical malpractice system with respect to primary care providers, provides for the payment of compensation to any person injured as a result of treatment provided by a primary care physician, irrespective of fault on the part of the physician. Compensation to the injured person is made from a fund capitalized by annual assessments paid by physicians practicing primary care in Vermont. Physicians who pay assessments into the fund will no longer be required to purchase medical malpractice insurance for providing primary care. The bill establishes a Medical Injury Review Board to hear and decide applications for compensation submitted by injured persons.
The VNPA will be introducing an amendment to include APRNs who are primary care providers as well as including an APRN on the Medical Injury Review board. If our edits are accepted VNPA will actively support this legislation. We would appreciate any comments, concerns regarding this legislation and remember that legislation is very time-sensitive.