Mr. Speaker, I will have to say it is rather amazing that when the minority is wrong on policy, they focus on process. Mr. Speaker, as a family physician, I have always tried to do what is best for patients, and as a Member of Congress I…
Mr. Speaker, I will have to say it is rather amazing that when the minority is wrong on policy, they focus on process.
Mr. Speaker, as a family physician, I have always tried to do what is best for patients, and as a Member of Congress I still try to do what is best for patients in Kentucky and all across America.
Not at this time. I have 3 minutes.
Mr. Speaker, what is best for the patient? I believe that unlimited medical liability awards are bad for patients, because they cause malpractice insurance prices to climb, resulting in more expensive care, fewer doctors, and problems obtaining access to needed care.
H.R. 5, the HEALTH Act of 2003, actually ensures fair compensation for everyone. We need to keep in mind that everyone is entitled to full compensation for their losses, medical bills and wages under H.R. 5.
It is not unusual to hear stories of doctors moving from Kentucky to Indiana, where they have enacted comprehensive liability reform, to take advantage of lower costs of medical liability insurance.
Passing the HEALTH Act, which reasonably reforms our liability system, will hold premiums at a lower, more predictable rate. That will ensure patients are not left without their local physician, who may be otherwise driven out of their practice. And to say that this bill will not reduce frivolous lawsuits and reduce malpractice premiums is truly laughable. Lawsuits do not prevent injuries, they do not reduce medical errors, but they do create an atmosphere of fear, defensiveness and distrust in the doctor-patient relationship.
In fact, a recent study estimated that defensive medicine cost $163 per person per year in Kentucky. That means Kentucky spends about $655 million on unnecessary care due to fear of litigation.
Let me give you specific examples, too. Blue Grass Orthopedic Group in my district has never lost any of the handful of claims filed against its eight doctors. Yet their premiums, which were $222,000 last year, shot up to $635,000, nearly tripling in a single year. Why? Because personal injury lawyers, hoping to hit the jackpot, file frivolous lawsuits.
More than 70 percent of Kentucky physicians say their medical liability insurance premiums increased in 2002. Emergency physicians saw increases greater than 200 percent, general surgeons and orthopedists saw increases between 87 and 122 percent, and obstetricians and internists saw increases between 40 and 64 percent. Several saw several hundred percent increases in their premiums. In other words, this is just unsustainable.
It is estimated that for every obstetrician that leaves a practice in Kentucky, 140 women are left without their physician. That means that women during prenatal care will have to drive an extra 30 or 50 minutes to see a doctor. That also means during labor if that unborn child is in fetal distress, there is an extra 30 minutes of fetal distress, which could blankly rob that child of all their hopes and future of what they potentially could be.
As a family physician, I took an oath to do no harm. The only bill today that will help physicians keep that oath is one that ensures safe and timely access to care through reasonable, comprehensive and effective health care liability reform, and that is H.R. 5. I urge my colleagues to support this rule and vote yes on H.R. 5.
Mr. Speaker, will the gentleman yield?