Madam President, I commend our distinguished colleague from Texas. He spoke from the heart on this measure. It is a matter of utmost seriousness. I ask unanimous consent I be made a cosponsor on this pending legislation. Madam President, I…
Madam President, I commend our distinguished colleague from Texas. He spoke from the heart on this measure. It is a matter of utmost seriousness.
I ask unanimous consent I be made a cosponsor on this pending legislation.
Madam President, I rise again to join the Senator from Texas and many other Members on this side of the aisle in strong support of health care liability reform.
My father was a medical doctor. He was an obstetrician. I am grateful to so many doctors from whom I am hearing all across America about this crisis. My father had no great interest in politics. He voted regularly; I remember that. I think most physicians find little time to involve themselves in politics. But this is a political question. We have to look at it fair and square and call it as it is.
America is crying out from every corner of our land, from all 50 States, for relief from the oppressive number of lawsuits brought against the medical profession, a profession that is not interested in politics. They are only interested in caring for the citizens of this Nation.
I am proud to stand with the distinguished majority leader, Mr. Frist, the distinguished Senator from New Hampshire, the Senator from Texas, the Senator from Nevada, and others, time and time again in this Senate to urge this body to rise above politics and extend a helping hand to the medical profession.
Early this year, I was pleased to offer my own amendment on health care liability reform. My amendment was called the Protect the Practice of Medicine Act, amendment No. 2624, but procedural impediments--I have to recognize we follow the rules around here--prevented the Senate from addressing that bill. My amendment was supported by the American Medical Association, the American College of Surgeons, and a number of other associations representing the men and women in our medical profession. Unfortunately, a procedural move by the opponents precluded the Senate from voting on this amendment.
I stand today in hopes there will be a vote on this measure. This measure is very much like the measure I put forth; indeed, the goals are common.
Opponents of health care liability reform have been using procedural tactics in the Senate to prevent an up-and-down vote on these issues for many years. The consequences are grave. Men and women continue to leave the practice of medicine due to the high cost of malpractice insurance, and patients continue to lose access to medical health care.
We have all heard the real stories from doctors about the rapidly increasing costs of medical malpractice insurance. In some States, malpractice insurance premiums have increased as much as 75 percent in 1 single year.
As have others in this body, I have received numerous letters from medical professionals from the Commonwealth of Virginia and across the Nation that share with me the very real difficulties they encounter with malpractice insurance and the consequences of this problem.
Let me read one of those letters sent to me by a doctor in Virginia. The doctor writes:
I am writing you to elicit your support and advice for the
acute malpractice crisis going on in Virginia. . . . I am a
48-year-old single parent of a 14 and 17 year old. After all
the time and money spent training to practice OB/GYN--
That is obstetrics, my father's profession, or specialty--
I find myself on the verge of almost certain unemployment
and unemployability because of the malpractice crisis. I have
been employed by a small OB/GYN group of doctors for the last
7 years. . . . Our malpractice premiums were increased by 60
percent in May of 2003. . . . The prediction from our
malpractice insurance carrier is that our rates will probably
double at our next renewal date in May 2004. The reality is
we will not be able to keep the practice open and cover the
malpractice insurance along with other expenses of medical
practice.
Another letter writer from the Midwest:
Due to the rapid increase of premiums, the crisis is one of
affordability and availability of insurance for physicians. .
. . The result of this is premature retirement, physicians
moving to more favorable areas--
Moving from one State to another State--
discontinuing high-risk procedures or finding other ways to
make a living out of medicine. All of this, of course,
affects the patients, who have increasing difficulty finding
medical care.
Letter after letter are stories of the effect this crisis is having across America.
Time magazine and Newsweek have thoroughly detailed the crisis doctors are facing. I have the two recent issues entitled ``Lawsuit Hell,'' and the second, ``The Doctor is Out.''
It is being discussed all across America. That is why it is so imperative this institution, the Senate, be given the opportunity to vote on this issue.
In June of 2003, Time magazine had a cover story on the effects of rising malpractice insurance rates. The story entitled ``The Doctor is Out'' discusses several doctors all across America who have had to either stop practicing medicine or had to take other action due to increased insurance premiums. One example cited in the Times article is the case of Dr. Mary-Emma Beres. Time reports:
Dr. Mary-Emma Beres, a family practitioner in Sparta, N.C.,
has always loved delivering babies. But last year, Dr. Beres,
35, concluded that she couldn't afford the tripling of her
$17,000 malpractice premium and had to stop. With just one
obstetrician left in town for high-risk cases, some women who
need C-sections now must take a 40-minute ambulance ride.
Dr. Beres' case makes clear that not only doctors are being affected by the medical malpractice crisis but patients, as well. With increased frequency due to rising malpractice rates, more and more patients are not able to find the medical specialists they need in their community or in a neighboring community and have to travel long distances or even go out of State, to other States, where there has been closer control on the types of lawsuits that generate these exorbitant fees.
Newsweek magazine had a cover story on the medical liability crisis. That cover story was entitled ``Lawsuit Hell.'' I was struck by the feature in this magazine about a doctor from Ohio who saw his malpractice premiums rise in 1 year from $12,000 to $57,000. As a result, this doctor ``decided to lower his bill by cutting out higher risk procedures like vasectomies, setting broken bones, and delivering babies''--even though obstetrics was his favorite part of practice. Now he glances wistfully at the cluster of baby photos still tacked to a wall in his office. `I miss that terribly,' he says.''
While these stories are compelling on their own, the consequence of this malpractice crisis can even be greater.
On February 11, 2003, a woman by the name of Ms. Leanne Dyess of Gulfport, MS, shared with both the HELP Committee--of which the distinguished chairman is present managing this bill--and the Judiciary Committee her very personal story about how this crisis has affected her.
She told us how, on July 5, 2002, her husband Tony was involved in a single-
car accident. He was rushed to the hospital in Gulfport where he had head injuries and received medical attention. Tony could not be treated at the Gulfport hospital because they did not have the specialist necessary to take care of him. After a 6-hour wait, he was airlifted to the University Medical Center. Today, Tony is permanently brain damaged.
According to Mrs. Dyess, no specialist was on staff that night in Gulfport because rising medical liability costs had forced almost all of the brain specialists in that community to abandon their practices. As a result, Tony had to wait 6 hours before the only specialist left in Gulfport could treat Tony to reduce the swelling in his brain.
As you can see, without a doubt, the astronomical increases in medical malpractice insurance premiums are having wide-ranging effects. It is a national problem, and it is time for a national solution.
President Bush has indicated that the medical liability system in America is largely responsible for the rising costs of malpractice insurance. The American Medical Association and the American College of Surgeons agree with him, as does almost every doctor in Virginia with whom I have discussed the issue.
The President of the AMA, Dr. John Nelson, has publicly stated:
We cannot afford the luxury of waiting until the liability
crisis gets worse to take action. Too many patients will be
hurt.
The American College of Surgeons concurs by stating:
More and more Americans aren't getting the care they need
when they need it. . . . The ``disappearing doctor''
phenomenon is getting progressively and rapidly worse. It is
an increasingly serious threat to everyone's ability to get
the care they need.
Let me state unequivocally that I agree with our President, with the AMA, with the American College of Surgeons, and with the vast majority of doctors all across Virginia.
While the amendment I offered earlier this year is somewhat different from the measure before us today--the goals are the same: to ensure that patients have access to quality health care and to protect the practice of medicine from frivolous lawsuits and runaway jury verdicts.
The legislation before us today is a commonsense solution to a serious problem, and it is time for us to vote up or down on this legislation.
Over the past several weeks, I have listened closely to my colleagues speak on the floor of the U.S. Senate about the importance of having an up-or-down vote on particular legislation. And, in response, I ask, how is this bill any different?
I, for one, intend to vote to end the filibuster on health care liability reform legislation. The consequences of continued dilatory tactics are too profound to patients and doctors in this country. I urge my colleagues to do the same.
Madam President, I hope this institution can live up to its responsibility as duly elected representatives of the people of this country and respond to the cries of the people of this country to address this situation.
I yield the floor.