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mistylyn trepke <mistytrepke wrote:To:

 

mistylyn trepke

Sat, 15 Mar 2003 05:23:54 -0800 (PST)

Fwd: Alternative Breast Cancer Digest Number

127

 

 

Comments? Be Well, Misty

 

http://www..com

 

Public Citizen Press Release

March 13, 2003

 

House Commits Malpractice Against Medical Victims

 

Statement by Public Citizen President Joan Claybrook

on House Passage of Medical Malpractice Legislation,

H.R. 5

 

The House has committed a horrendous act of cruelty

and injustice against innocent victims of medical

negligence and their families.

 

This legislation will do little or nothing to slow the

increases in malpractice insurance premiums for

doctors, because it is clear from all available

evidence that insurance company pricing policies, not

damage awards, are the cause of premium hikes.

 

The bill's $250,000 cap on pain-and-suffering damages

will do nothing more than punish those who have been

paralyzed, blinded, brain-damaged or otherwise

horribly injured – all for the sake of more profits

for insurers. It will discriminate against children,

seniors, homemakers and others who have little or no

lost wages to recover. It will keep legitimate cases

out of court, because of new limits on the time to

file cases and because potential jury awards won't, in

many cases, be worth the considerable costs of

bringing a case against wealthy insurance companies.

 

This bill is an affront to the American public and a

reward to big corporations for their financial support

of many members of Congress.

 

It was sold as a measure to help doctors struggling to

pay their malpractice premiums. But while it does

nothing to lower premiums, it does shield big HMOs,

drug companies, hospitals, nursing homes and other

health care-related companies from full accountability

for even the most egregious and negligent acts. Its

cap on non-economic damages and punitive damages will

mean that HMOs and drug makers can harm consumers with

virtual impunity because they will know that if they

are caught in a wrongful act, they will receive only

modest punishment compared to the damages they

inflict.

 

The real problem is an epidemic of preventable medical

errors, which kill up to 100,000 people each year and

injure hundreds of thousands more.

 

Most malpractice is caused by just a small number of

doctors – five percent of doctors are responsible for

more than half of all malpractice payments.

Most victims never even file a lawsuit.

 

This bill devalues the lives and lost opportunities of

patients who do not earn big paychecks. Under this

bill, the life of Jesica Santillan, who died after

receiving a heart and lung of the wrong blood type,

would be worth, at most, $250,000. But the life of a

highly paid CEO of a major insurance company would be

worth tens of millions of dollars. Is this the type of

justice we want for America?

 

###

 

For more information, visit

http://www.medicalmalpracticefacts.org.

 

 

 

 

 

 

 

 

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