Staff Analysis of the Legislation
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SB 138 amends Title 51 of the OCGA by creating Chapter 13,
the Patient Compensation Act. The Act protects both practitioner and patients,
by providing funds for malpractice suits so that patient care is not delayed,
practitioners do not retire, and practitioners do not practice defensive medical
care. This act creates the Patient Compensation Board, which is made of 11
members. Five of the members are appointed by the Governor. Of these, two
should be licensed physicians, one should be an executive in the business
community, one should be a public account, and one should be an attorney. Three
members are appointed by the Lieutenant Governor: one a licensed physician, one
who is a patient advocate. Three members should be appointed by the Speaker of
the House. One should be a licensed physician and one should be a patient
advocate. Each member will serve a 4 year term. An administrative law judge
will write determination on compensations as well as determine if the Office of
Medical Review and Office of Compensation has fulfilled their duties. |