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Senator Santorum Introduces the Healthy Mothers and Healthy Babies Act
May 4, 2006
Washington, D.C. - U.S. Senator Rick Santorum (R-PA), Chairman of the Senate Republican Conference, introduced S. 23, the Healthy Mothers and Healthy Babies Act, a bill to reduce the excessive burden the medical liability crisis has on individuals that serve the women and newborns of our communities by providing obstetrical and gynecological services.
“There is a medical liability crisis in America. Frivolous lawsuits have driven up medical liability insurance premiums, restricting and in some cases abolishing patients access to quality healthcare - particularly obstetrical and gynecological doctors,” said Senator Santorum. “This crisis has led many physicians to severely restrict the scope of their practices, and some have been forced to leave their practice entirely. These changes are having a direct impact on Pennsylvanians, severely limiting the access that Pennsylvania women have to quality healthcare providers.”
The 2005 “State of Medicine in Pennsylvania” report published by the Pennsylvania Medical Society indicated that Pennsylvania’s healthcare system is “stressed and access is questionable.” The report also stated “permanently addressing the medical liability dilemma in Pennsylvania is critical for the future of health care delivery and economic development.”
In 2004, Pennsylvania physician liability payouts were $450 million, a $180 million increase since 1991. Pennsylvania has one of the highest liability payouts per physician in the country at $16,000, while the United States average is $5,000. These astronomical numbers are driving providers -- particularly specialists like Ob/Gyns -- out of the Commonwealth. Nine Philadelphia wards have closed their doors over the past eight years, resulting in the loss of 44,000 beds per year. Additionally, despite being home to some of the finest medical schools in the country, Pennsylvania is no longer a viable location for doctors-in-training to practice. In 1994, 50.5 percent of Pennsylvania doctors-in-training stayed in the state after completing residency. In 2004, that number was just 7.8 percent.
“The statistics are alarming, and due to the fact that the Pennsylvania State Constitution prohibits a cap on liability damages, this problem must be addressed on the federal level,” said Senator Santorum. “Implementing medical liability reform will lower costs and improve access to health care for Pennsylvanians.”
The Healthy Mothers and Healthy Babies Act would institute a $750,000 stacked cap on non-economic damages, a cap that includes a $250,000 limit on the non-economic damages assumed by healthcare providers. The bill will not in any way limit the amount of economic damages that can be awarded in a lawsuit, meaning patients who have been medically impacted by negligence would not be forced to assume the costs of their medical care.
The bill is modeled after a similar law currently used in the state of Texas. Since the law's enactment, 3,000 new physicians have moved to Texas. In 2005, Texas became the only state to ever be removed from the American Medical Association’s list of states in liability crisis.
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