Medical liability protections

The AADA has worked for many years with policymakers at the federal, state, and local levels to promote efforts to limit physician exposure to frivolous lawsuits that threaten physicians’ ability to serve their patients and increase health care costs through defensive medicine. The AADA is an active member of the Health Coalition on Liability and Access (HCLA), which represents the larger provider and insurer community to lower costs associated with and access limited by the current federal tort system.

Through HCLA, the AADA has:

• Supported tort reform legislation that would broadly reform the federal medical liability system by implementing common sense reforms that would set reasonable limits on the medical liability system.

• Supported Good Samaritan legislation that would protect health care professionals from liability if serving as a volunteer in response to a disaster and acting in good faith.

In this effort, the Academy stands as dermatology's voice against unwarranted liability claims against physicians and other health care providers and facilities.

AADA Actions

Given the sweeping impact of the COVID-19 crisis, the Academy strongly urges Congress to provide broader liability protections for dermatologists, other physicians, and the facilities in which they practice, as they continue their non-stop efforts to see patients under extremely challenging conditions. The unprecedented pandemic has presented a multitude of challenges that dermatologists are facing, including shortages of medical supplies and personal protective equipment (PPE), constantly changing medical directives and guidance from authorities, the dramatic shift of patient care to telehealth, and limitations on what procedures are deemed essential care. Despite these hurdles, dermatologists are determined to focus on providing high quality patient care without the potential of unfair lawsuits.

The AADA is committed to helping protect dermatologists and other members of the health care workforce by working with Congress to secure a path forward on liability protection during this public health emergency (PHE).

The Academy has prioritized advocating for broader liability protections to preserve the physician workforce across all practice types. In response to the PHE, the AADA has:

• Sent a letter of support (PDF), as part of the Health Coalition on Liability and Access (HCLA), for H.R. 7059, the “Coronavirus Provider Protection Act” (sponsored by Rep. Phil Roe, MD (R-TN) and Rep. Lou Correa (D-CA)), which would provide immunity from liability to health professionals and facilities for care provided in good faith during the PHE.

• Joined an AMA sign-on letter (PDF) to congressional leadership along with 139 national and state medical organizations, requesting that the targeted and limited liability protections of H.R. 7059 be included in the next COVID-19 relief package.

• Shared AADA COVID-19 response priorities (PDF) with congressional leadership, which includes an ask for liability coverage in the next coronavirus response legislation.

Related Academy Resources