Fw: Victory Today on Medical Malpractice Vote in Congress

[Guest guest]

----- Original Message ----- From: Congress Watchdog

undisclosed-recipients:

Sent: Wednesday, July 09, 2003 2:42 PM

Subject: Victory Today on Medical Malpractice Vote in Congress

Well, you really did it this time!

Thanks to your efforts and those of many others across the country, earlier today the U.S. Senate voted 49 to 48 on a motion to stop debate on the medical malpractice bill (S. 11). The motion needed 60 votes to pass. Because it failed, the anti-consumer measure is dead -- for now.

That's a win for patient safety and justice for medical malpractice victims, and a loss for insurance company greed and letting dangerous doctors, HMOs and drug companies off-the-hook.

All Democrats voted the pro-patient position, but three were absent -- Graham (FL), Kerry (MA), and (GA). One independent Jeffords (VT) and two Republicans, Graham (SC) and Shelby (AL), voted with patients as well.

The roll call on S. 11 is not yet available, but you can get it later at:

http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_108_1.htm

Together, we stood up for protecting medical consumers and providing relief to people who've been seriously injured by medical negligence and medical product defects.

Congratulations! With your effective lobbying there are more victories ahead!

To read a press statement from Public Citizen president Joan Claybrook see below.

Thank you!

Public Citizen

-----------------------------------------

July 9, 2003

Defeat of Medical Malpractice Bill in Cloture Vote Is Victory for Consumers

Statement by Public Citizen President Joan Claybrook

We applaud the senators who blocked the cruel legislation to place an arbitrary $250,000 limit on the non-economic damages that can be awarded to unfortunate people who are crippled, blinded or otherwise horribly injured or killed as the result of medical malpractice.

It is abundantly clear that malpractice awards to victims are not the cause of soaring malpractice premiums paid by doctors and that this legislation would do nothing to reduce premiums. In fact, a new analysis of data from the National Practitioner Data Bank shows that the total amount of damages paid to malpractice victims actually declined by almost 7 percent last year.

The fact is that insurance companies, which are exempt from antitrust laws, have jacked up their rates for doctors - as they have for homeowners and automobile owners - to make up for lower investment income in this sour economy. But instead of focusing on making the insurance industry more accountable to consumers, President Bush and the leaders of the House and Senate sadly chose to blame the innocent victims.

There is no doubt that some doctors are struggling to pay outrageously inflated insurance premiums. But it is simply wrong to blame malpractice victims or demonize the lawyers who represent them. It is time to seriously scrutinize the insurance industry's role in this crisis. If, in certain places, there is a lack of obstetrical or trauma care because of insurance costs, the Graham-Durbin approach of grants to reopen those facilities should be pursued forthwith. Congress also should turn its attention to reducing medical errors, which needlessly kill tens of thousands of people each year.

###

Joan Claybrook is president of the national nonprofit consumer advocacy organization Public Citizen.

For more information, visit

www.medicalmalpracticefacts.org