a letter opposing SB 1028 - Connecticut State Medical Society

May 4, 2015
To the distinguished members of the Connecticut State Senate,
On behalf of a statewide coalition of healthcare stakeholders, we respectfully request that
you oppose Senate Bill 1028 An Act Concerning the Tolling of the Statute of Limitations for
a Negligence Claim Brought by a Minor.
SB 1028 would dramatically increase the burden on all Connecticut healthcare providers,
including physicians. Extending the time from two years to eight years leaves providers
open to increased liability and drives up costs related to liability coverage.
Current law provides only limited protections for physicians and other healthcare
providers, making our state one of the nation’s costliest for medical liability insurance
coverage. SB 1028 will exacerbate this problem, leading to increased medical liability costs,
including increased costs of maintaining “tail coverage.” This will significantly drive up the
cost of care, yet it does nothing to improve quality or expand access.
SB 1028 would make practicing in Connecticut prohibitively expensive for many physicians,
and potentially would drive many out of practice or out of state. Connecticut should not
consider this legislation without a thorough evaluation of ALL the factors involved in the
medical liability system which affect cost, quality of patient care and access to medical care.
We believe that it is unfair for healthcare providers, including physicians, to allow
individuals to have a chance to claim malpractice several years after their parent/guardian
opted not to pursue legal action at the time of the incident. With so many current cases
resulting in no finding of guilt or settling to avoid costs of litigation, extending the statute of
limitations would open healthcare providers up to the possibility of more nuisance suits
brought by those who seek to unfairly “cash in” on the system.
Connecticut’s healthcare environment is already a huge challenge for physicians and other
providers: practice costs continue to escalate, reimbursements for healthcare services
continue to shrink, and healthcare carriers hold an unfair market advantage in their
contracts and network oversight. SB 1028 would be just the most recent way CT would be
making it unattractive for physicians to practice here, while making it more difficult to
ensure high quality healthcare for patients.
We strongly urge you to oppose this legislation for the cost burden it would impose, the
liability it would create, and the overall message it sends to Connecticut’s healthcare
providers and their patients.
Respectfully signed,
American Academy of Child and Adolescent Psychiatrists, Connecticut Chapter
American Academy of Pediatrics, Connecticut Chapter
American College of Cardiologists Connecticut Chapter
American College of Surgeons, Connecticut Chapter
American Congress of Obstetricians and Gynecologists, Connecticut Chapter
Bristol Hospital
Connecticut Business and Industry Association
CMIC
Connecticut Academy of Family Physicians
Connecticut Academy of Physician Assistants
Connecticut Association of Ambulatory Surgery Centers
Connecticut Association of Nurse Anesthetists
Connecticut Association of Optometrists
Connecticut Chiropractic Association
Connecticut College of Emergency Physicians
Connecticut Dental Hygienist Association
Connecticut Dermatology and Dermatologic Surgery Society
Connecticut Ear Nose and Throat Society
Connecticut Hospital Association
Connecticut Medical Group Management Association
Connecticut Naturopathic Physicians Association
Connecticut Nurses Association
Connecticut Orthopaedic Society
Connecticut Podiatric Association
Connecticut Psychiatric Society
Connecticut State Dental Association
Connecticut Society of Eye Physicians
Connecticut Society of Plastic Surgeons
Connecticut State Medical Society
Connecticut State Society of Anesthesiologists
Connecticut Urology Society
Coverys
Fairfield County Medical Association
Hartford County Medical Association
Hartford Healthcare
Litchfield County Medical Association
Middlesex County Medical Association
New Haven County Medical Association
New London County Medical Association
Property Casualty Insurers Association of America
Radiological Society of Connecticut
Sharon Hospital
Tolland County Medical Association
Waterbury Medical Association
Windham County Medical Society
Women’s Health Connecticut