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Campaign Updates>
Bill aims to save good Samaritans
January 5, 2006
Bill aims to save good Samaritans from lawsuits
By By DANIE HARRELSON The Daily Sentinel
Thursday, January 05, 2006
Jackie Nishiya asked for help this spring and got it in
spades.
More than 80 health care professionals showed up to a
meeting the Grand Junction nurse called for members of
Canyon View Vineyard Church who wanted to volunteer medical
care.
These physicians and nurses, physical therapists and other
health care providers wanted to offer their services free
of charge to uninsured and low-income families.
The response was overwhelming, Nishiya said.
But there was one hang-up. The overriding fear among the
willing, she said, was: “What if I get sued?”
That question set in motion a series of conversations that
eventually got the ear of Mesa County Commissioner Janet
Rowland, who sought the help of Rep. Josh Penry, R-Grand
Junction.
Penry unveiled a bill Thursday at Mesa State College that
would protect volunteer medical providers from medical
malpractice lawsuits. It’s the first bill he intends to
introduce during the 2006 session of the Colorado
Legislature, which convenes Wednesday.
Many doctors and other providers would like to volunteer
their services but get hung up on the insurance issue,
Penry said.
“There’s a number of people who want to help but can’t
because their hands are tied,” said the Rev. Dan Cox,
senior pastor at Canyon View Vineyard.
Cox and his flock envision a medical ministry on church
grounds that would meet the medical-care needs of those who
cannot afford health insurance.
Supporters of the Good Samaritans in Health Care Act of
2006 view the bill as an overdue means of tackling soaring
health insurance costs that a growing number of people
cannot afford and a shrinking group of people must shoulder
in the form of higher premiums.
Several states have passed legislation similar to what
Penry proposes. Florida, for example, frees medical
volunteers from costly insurance concerns by granting
immunity from medical malpractice liability.
One version of the Good Samaritan concept calls for medical
volunteers becoming temporary state employees. If patients
decided to later bring malpractice claims, they would end
up suing the state. A liability trust fund created to
offset litigation expenses would then cover any payout.
Penry’s version calls for raising the bar on frivolous
lawsuits. A patient bringing the lawsuit must demonstrate
willful and wanton misconduct.
“It makes sense, if medical professionals are going to give
of their time, the least society can do is protect them
from frivolous lawsuits,” he said.
Penry said he expects a fight.
“Trial lawyers won’t want to create the precedent,” he
said. “Medical malpractice is very fertile ground.”
Penry applauded the faith-based initiative, but said the
idea of medical professionals volunteering their time isn’t
limited to churches.
Nishiya said a small number of medical professionals have
joined Canyon View Vineyard’s medical ministry team despite
the malpractice liability, but the bill’s passage would
alleviate so many would-be volunteers’ fears about
performing the pro bono work.
“This would tear down a significant barrier to that,” Penry
said.
Canyon View Vineyard’s volunteer medical team put on a
health care screening last year, and another is planned at
the church later this month.
Nishiya said Marillac Clinic is providing the equipment;
volunteer health-care professionals will provide the free
service.
The screenings help Marillac as well, by identifying people
who may qualify for the clinic’s services at reduced cost,
she said.
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