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(USGovernment-News.Com, June 06, 2013 ) Newark, NJ -- Republican Governor Nathan Deal signed a new law in early May that is called the nation's first “provider shield” statute. The measure is said to look to protect professionals from malpractice suits based upon the payment-policy standards that were issued by the 2010 federal health-care reform law.
The law, known as the Affordable Care Act (ACA), as well as the shield was backed by trial lawyers as well. Such backing was a surprise to many.
The ACA now establishes a wide array of standards for providing both doctors' fees as well as their reimbursement. The new Georgia statute will provide the ability for the state to not be sued for failing to follow the new standards.
Director of the political affairs at Georgia Trial Lawyers Association stated that the his own group was happy to support the medical organizations push to make sure the law was accepted by lawmakers.
“While we work steadfastly to shield patients from negligent medical care—especially given that 98,000 Americans die annually from preventable medical malpractice—we did not mind helping the physicians enact a bill that will prevent someone from suing a doctor for the doctor’s failure to comply with a payment guideline, something that has nothing to do with the real question of whether the doctor failed to comply with the medical standard of care,” Clark said. (Georgia officials said they were not aware of any suits having been filed over the ACA guidelines.)
While the law seems to have created a considerable peace amongst two sides that have so long battled one another in court, there is no delusion that it is a eternal treaty between the two sides. Clark went on to add that he new law is not a “safe harbor for physicians” for all and any who fail to meet standards of care. Malpractice is going nowhere, and that is primarily to protect those who seek help at a vulnerable time.
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