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Medical Malpractice Liability
Frivolous litigation and huge punitive damage awards have increased costs for many businesses and professions in America. I believe that it should ultimately be a judge's responsibility and, indeed, a judge's duty to dismiss frivolous lawsuits. Ultimately, I believe that the key to reform is electing and appointing good judges that can strike a fair balance for all involved. Nevertheless, I understand that increasing liability insurance premiums for particular professions have forced some doctors to curtail their medical practices and in some cases, leave the field. As a result, certain areas of the country have experienced physician shortages, particularly in the OB-GYN field. Many have suggested that these increasing premiums are a direct result of the huge punitive damage awards in medical malpractice cases and have called for a limitation on such cases and awards.
In response to that call, Representative Phil Gingrey (GA) introduced H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2005, on July 21, 2005. The companion legislation, S. 354, was introduced in the Senate by Senator John Ensign of Nevada on February 10, 2005. According to the sponsors, the HEALTH Act seeks to improve patient access to health care services and provide improved medical care by reducing the excessive liability burden placed on the health care delivery system. Specifically, the legislation would preempt state law regarding some aspects of medical malpractice liability and liability for defective medical products, including drugs. In medical malpractice and defective medical products suits, the HEALTH Act would, among other things, place caps on noneconomic and punitive damages, limit lawyers' contingent fees, enact a federal statute of limitations, and provide for periodic payment of future damages.
Advocates of medical malpractice liability reform argue that current state tort law provides a costly and inefficient mechanism for resolving claims of health care liability and compensating injured patients. While I am sensitive to the concerns regarding access to care and the increasing costs of litigation, I also maintain deep concerns about efforts to unnecessarily federalize the current process as it may unduly restrict the rights of citizens to access the courts. However, rest assured that I will carefully consider any legislation to reform medical malpractice liability.
Congressional Research Service Issues Briefs
The Congressional Research Service (CRS) is part of the legislative branch of the federal government. CRS, which is a department of the Library of Congress, works exclusively as a nonpartisan analytical, research, and reference arm for Congress.
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For more information on this issue, please view the following CRS report:
Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages.
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