Capitol Monitor ....
Congressman J. Randy Forbes, Fourth District of Virginia 

August 20, 2004

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In this Issue

1. A Prescription for Trouble

 

 

::  Point of View  ::

If you are ever bored, try picking up the most mundane object in your house and reading its warning label. You’ll be surprised at what you find.

For instance, on a bottle of shampoo for dogs: “Caution: The contents of this bottle should not be fed to fish.”

On a hair dryer: “Do not use in shower.”

On a packet of nuts: “Instructions - open packet, eat nuts.”

On an electric router for carpenters: “This product not intended for use as a dental drill.”

However, if you're not in the mood for a laugh, consider why these labels were put there. Manufacturers don't just make up warning labels for their products. They are responses to lawsuits.

Everyone knows that the threat of legal liability for small business owners is placing an unnecessary burden on our economy. For small businesses, the mere threat of a lawsuit - no matter how unreasonable - may be enough to force a small business to close its doors. The harm is not only economic however. It is behavioral as well. Pastors are afraid to counsel individuals without a witness present for fear of being accused of misconduct. Cheerleading coaches are being sued by the parents of students that didn't make the squad. Civic and philanthropic groups are afraid to raise money through sporting events out of fear of being sued for an accidental injury during the game. 

But the most dangerous threat posed by out-of-control lawsuits is to the medical health of Americans. Over the last two weeks I have traveled to hospitals across Virginia's Fourth District to talk with doctors and medical professionals about the rising costs of health care. From hospitals serving the most rural areas of the district, to those with the most urban clientele, all have voiced the same concern: Many good doctors can no longer afford to pay their medical liability insurance. 

All across the Fourth District, the unrestrained escalation of jury awards and settlements is driving up physicians’ insurance premiums, even for doctors that have never had a single claim made against them. Some of the doctors I spoke to pay nearly $200,000 a year to ensure themselves against frivolous lawsuits. These unimaginable costs are forcing them to limit services, practice high-cost defensive medicine or even close their doors in the prime of their medical career. 

From 1994 to 2000, the median jury award for a medical liability case rose by 176 percent to an astonishing $3.5 million per award. This epidemic is creating a patchwork system of healthcare that is limiting millions of U.S. citizens’ access to care. Some states have chosen to address medical liability reform, others have not. The unequal playing field forces doctors from high-risk crisis states to move to more friendly states where they can obtain affordable liability insurance and continue serving patients. When physicians are forced to move or retire, patients are tasked with traveling hundreds of miles to obtain medical treatment, or in many cases, they have no physician to attend to their immediate medical need. 

In May, the U.S. House of Representatives passed H.R. 4280, the HEALTH Act of 2004, by a vote of 229-197. This legislation was an important step in solving today’s medical liability crisis. The legislation allows patients to recover for economic damages such as future medical expenses and loss of future earnings while establishing a cap on non-economic damages, such as pain and suffering, of a quarter of a million dollars.

The law would also allocate damages fairly, in proportion to a party's degree of fault and would limit the number of years a plaintiff has to file a healthcare liability action to ensure that claims are brought while evidence and witnesses are available. While the House has passed this bill and the President has indicated that he intends to sign the legislation, the bill continues to be held up in the Senate.

Despite the threat of medical liability reform and the stifling burden it places on doctors and patients, the United States continues to offer the world’s finest healthcare. Supported by the dedication and ingenuity of medical professionals, improvements in medical procedures, and advances in technology and research, medicine in America has created the promise of a long and prosperous life for millions of Americans. Imagine the possibilities that American medical professionals will achieve when the burden of unnecessary legal threats is lifted from their backs and they can again practice medicine that best serves their patients.

ON THE HILL ....

Current Floor Proceedings

Bills Coming Up This Week

Monthly Whip Calendar

OFFICE LOCATIONS ....

307 Cannon House Office Building
Washington, DC 20515
202.225.6365

505 INDEPENDENCE PKWY, SUITE 104
Chesapeake, VA 23322
757.382.0080

2903 Boulevard, Suite B
Colonial Heights, VA 23834
804.526.4969

425 H. South Main Street
Emporia, VA 23847
434.634.5575

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