House Passes Comprehensive Medical Liability Reform Legislation
Congressman Jim Gerlach voted this week in favor of preserving quality health care options for all people by supporting the HEATLH (Help Efficient, Accessible, Low-Cost, Timely Health Care) Act, H.R. 5. The HEALTH Act passed the House by a vote of 230 to 194.
“Medical malpractice insurance rates are at a crisis level in southeastern Pennsylvania and H.R. 5 will help reform the health care system to keep premiums down and care available to all Pennsylvanians,” Rep. Gerlach said. “It doesn’t take a trained eye to see that Pennsylvania’s best and brightest doctors are fleeing the state in droves.”
The HEALTH Act safeguards patients’ access to care through the following common sense reforms:
o Places limits on the contingency fees lawyers can charge to increase
the share of the damage awards.
o Enacts a ‘fair share” rule to ensure that damages are allocated fairly, in direct proportion to fault.
o Limits the amount of time after the date of injury a case may be filed to preserve evidence and the memory of a
witness.
o Enacts a $250,000 limit on noneconomic damages to act as a floor,
states are empowered to increase or decrease this amount as they see fit. High malpractice insurance rates are forcing physicians to practice defensive medicine, ordering unnecessary tests for their patients to protect against future lawsuits. This drives up the price of healthcare for all Americans.
� The Department of Health and Human Services recently reported that the average award in medical malpractice cases has risen 76% in recent years. The median medical liability jury award nearly doubled from $157,000 in 1997 to $300,000 in 2003.
� According to a report in the Annals of Internal Medicine, if medical liability reform is not addressed, by 2020 or 2025 the deficit of doctors in America could be as great as 200,000 physicians – 20% of the needed workforce.
� According to the American Medical Association, 20 states are already experiencing a Medical Malpractice Crisis, as hospitals shut
their doors, doctors stop practicing medicine, and patients are left with decreased access to care. Many more states are showing signs of
this impending crisis
“Pennsylvania is losing doctors at an alarming rate. The House has once again taken action and I can only hope that my colleagues in the
Senate will do the same to bring critical relief to our doctors,” Rep. Gerlach said.
NASA Successfully Returns to Space
Congressman Jim Gerlach released the following statement after the space shuttle Discovery successfully returned to outer space Tuesday morning:
“This is a magnificent day for NASA and the Discovery crew as we return to space on our nation’s first shuttle mission in more than two years. As we mark the first of what I hope are many safe return trips to space, it’s important that we take a moment to remember the fine men and women of the space shuttle Columbia who this nation lost on a very sad February day in 2003.”
“I truly believe that those brave astronauts would have wanted us to
learn from that incident and to continue with our plans for seeking something extraordinary in the stars above. Remember, it was an explorer’s instinct, courage and desire for greatness that fueled this country’s growth and progress over the years. Today is the first step in a renewed vision of space exploration that will someday get us back to the Moon and beyond, and I commemorate NASA for working so
diligently to ensure the safety of the shuttle crew.”
