Republicans Try Again to Curb Medical Malpractice Lawsuits

AP ^ | 4-7-04 | Jesse J. Holland

[Indy Pendance]

WASHINGTON (AP) - Senate Republicans are trying for a third time to persuade Democrats to curb medical malpractice lawsuits and help alleviate what proponents of limits call a health care crisis.

"The ultimate victims are the patients who see their access to care, to that obstetricians, to that emergency room, to that trauma center, threatened and in some cases, that access totally disappearing," Senate Majority Leader Bill Frist, R-Tenn., said Tuesday as the Senate prepared for another vote on medical malpractice legislation.

Republicans on Wednesday will try to overcome a Democratic blockade on the medical malpractice legislation. Senate Republicans and President Bush have argued that the measure - which would set caps on damages - could help reduce unnecessary lawsuits that make it harder for doctors to practice. They've said the lawsuits drive up obstetricians' and gynecologists' insurance costs.

"We need to pass this legislation," said Sen. Mike Enzi, R-Wyo. "We need to pass some legislation to deal with this crisis."

But Democrats have been refusing to allow the almost evenly divided Senate to debate the legislation, saying that Republicans are just playing up to their donors in the medical and insurance lobbies.

"I've never seen such special interest legislation," said Sen. Patrick Leahy, D-Vt. "Instead of going about doing the people's business, we seem to be doing about the political action committees' business, and that's why, of course, nothing is getting done."

The bill is supported by the American Medical Association and the American Insurers Association. Both are longtime GOP allies who argue that frivolous lawsuits drive up insurance premiums for doctors. In several states, obstetricians have said higher insurance bills are forcing them to stop delivering babies.

But trial lawyers - longtime Democrat allies - oppose the bill. The Association of Trial Lawyers of America is fighting caps on damages, alleging that insurers' poor returns on investments are largely responsible for the premiums' increases. The group also argues that state-imposed caps on damages do not lead to drops in premiums.

Opponents of the bill also filed a complaint against Frist, a heart surgeon, for participating in the debate since his family founded the HCA hospital chain and its subsidiary malpractice insurer, Health Care Indemnity.

"Because Senator Frist has refused to recognize his conflict, it is up to the Senate Select Committee on Ethics to require he step aside for pending votes on liability caps, and specifically prohibit advocacy by the senator for any further legislation which would directly benefit his family's hospital chain and insurance company and increase his personal fortune," the Foundation for Taxpayer and Consumer Rights said.

"If Senator Frist is allowed to continue his involvement in the face of such a clear conflict, any vote on the legislation, and the reputation of the Senate itself, will be tarnished."

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The bill number is S. 2207.

[birdsman]

"Opponents of the bill also filed a complaint against Frist, a heart surgeon, for participating in the debate since his family founded the HCA hospital chain and its subsidiary malpractice insurer, Health Care Indemnity."

I think that's only fair. Frist SHOULD abstain in any votes on medical malpractice.....providing of course, all Senators who are or ever were lawyers also abstain.

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[jazzlite]

It is not just the insurance premiums that doctors have to pay which puts pressure on them..It is the constant threat of not knowing which patient might try to fabricate a lawsuit in concert with a trial lawyer in an attempt to rob the Dr. I know physicians who have had to contend with frivilous lawsuits and the stress, both psychological and physical of having to deal with such a thing is a killer. It can easily destroy the life a a physician to go through this. People alway dwell on the money issue and while that is important, the fact is that the destruction of someone's life and career is more important. Some controls are desperately needed here. If we do not get them in medicine, then your children and mine will not have access to excellent physicians because the most capable people will not choose that as a profession anymore. Greed, envy and jealousy will kill any society when it is written into law and allowed to persecute through a legal system. Doctors are very respected individuals in this society though few get rich on the level of trial lawyers and some politicians. Some lawyers and some politicians cannot stand that and their goal is to destroy and pillage the physician community.

[IndyTiger]

Ohio is another state in desperate need of tort reform. My kids long-time pediatrician quit her practice last year when her premiums tripled.

[Fishing-guy]

That is a very good point. Of course, the lawyers will always come up with an excuse.