Mr. Speaker, we just finished our elections, and we hear a lot of browbeating and weeping and gnashing of teeth from the other side of the aisle concerning what went wrong. Goodness gracious, what in the world went wrong? We thought we ran…
Mr. Speaker, we just finished our elections, and we hear a lot of browbeating and weeping and gnashing of teeth from the other side of the aisle concerning what went wrong. Goodness gracious, what in the world went wrong? We thought we ran a good campaign. We were ready to elect a President, we were ready to take over the House, we were ready to get the majority in the House and the Senate, and none of those things happened.
Of course the pundits are on television every day, 24 hours a day it seems, talking about exactly what went wrong. And there is a lot of talk, of course, about the issue of moral values, traditional family values, and Christianity. I am sure that that had something to do with it. But I will stand here today, Mr. Speaker, and say to my colleagues that I ran a race in which I won with 57.4 percent against an opponent on the other side of the aisle who I think was a very strong Christian man, a good man, and one who had great values. But he was running on a party platform that did not embrace those traditional values that mean so much to I think middle America and those of us where I come from in Georgia.
But I think it goes beyond that. I think it goes far beyond that. And I would suggest to my friends on the other side of the aisle, as they try to play Monday morning quarterback and figure out what went wrong, to think about issues like medical liability reform and the fact that the Nation, 75 percent or more, the American people in every poll that has ever been done, are very much in favor of medical liability reform. And yet an issue like that, which really should not be a partisan issue, because there is absolutely no reason why access to health care and fixing a broken system should come down along party lines, certainly did become partisan. It did in this body, and it did in the other body.
In March of 2003, the HEALTH Act was passed in this House Chamber, as my colleagues know, and there were Members of the Democratic minority who voted for the bill, but only a few, only a handful, and practically none in the other body. So today, as we stand here going into the 109th Congress and President Bush's second term, we once again have a chance, an even better chance, I think, to get medical liability reform passed because we have increased our margins in the other body.
So there are a lot of reasons you can look back and try to figure out why you lost, but that is one, I think, that my Democrat colleagues need to take a close look at. When this issue comes before us in the 109th, if you want to do something positive, if you want to respond to the will of the American people, this is certainly a great first step. I would encourage my friends on the other side of the aisle and my fellow Republicans in the House and the Members in the other body that it is time. The American people want this. They need it.
Access to health care is hugely important. We are seeing more and more physicians, and I will get to some specific numbers a little later regarding doctors in high-risk specialties, like neurosurgery, emergency room physicians, and OB-GYN, which is my specialty. I think all my colleagues know that in my prior life I practiced medicine for almost 30 years, and as a pro-life OB-GYN physician, delivering those 5,200 babies. Many of my colleagues in that specialty are dropping
out at the very peak of their practice productivity, in their late 40s, early 50s. They are literally trading their stethoscopes for a fishing rod or a set of golf clubs. They do not want to do that, but they have been forced to.
I have a number of posters here, Mr. Speaker, that I want my colleagues to pay attention to, which really give testimonials to the statistics. Maybe my colleagues know some of these individuals, or individuals just like them, or families who have suffered because, when they went to the emergency room, there was no emergency-room physician to take care of their injured child or their loved one who had had a stroke and needed immediate care from a neurosurgeon.
Just look at some of these posters. This is talking about women's health care in particular. Women's Health in Jeopardy: A pregnant Texas woman was forced to drive 80 miles to a San Antonio hospital because her family doctor in her rural hometown had stopped delivering babies because of malpractice insurance concern. This was in the Fort Worth Star Telegram January of 2003.
Nationwide, doctors are leaving and patients are suffering. Look at these people. Look at these physicians. I do not know if my colleagues can see some of these posters, but they are not saying ``Vote for George W. Bush, or Reelect Bush, or Vote For Kerry and Edwards, or I am a Democrat, I am a Republican.'' They are saying ``tort reform now.''
Insurance rates are driving doctors out of business. What good is insurance, health insurance, if you cannot find a doctor to provide the care, and on and on and on? Look at some of these headlines, Mr. Speaker: ``Doctors Protesting Skyrocketing Malpractice Premiums.'' Springfield State Journal Register, February 2003. ``Malpractice Insurance Prices Send Physicians to the Streets.'' USA Today, February 2003. ``Caps on Noneconomic Damages Most Common Solution Considered by States in Crisis.''
There are twelve States in crisis, and 30 more near crisis. If my colleagues do a little quick math, that is 42 out of 50 that are either in crisis or near crisis today. USA article, February 2003. ``Medical Malpractice Premiums Jump 50 Percent, Average Cost Tops $1.4 Million Per Hospital.'' PR news wire, January of 2003.
It is not just the physicians; it is the hospitals that are suffering as well, many of whom are self-insured up to probably $10 million, $15 million, or $20 million; and it is literally driving the small rural hospitals out of business. And in so many instances, the hospitals and the school system might be the only two employers in a whole county, or the two major employers in a whole county. When you shut them down, you are talking about job loss.
So this is really an economic issue. It is a health issue, no question about that. Lack of access to health care is a real tragedy and a real crisis, but we have heard for the last 2 years, as we led up to this Presidential election year, the other side of the aisle talking about President Bush being the only President since Harry S Truman who actually lost jobs on his 4-year watch. Three million of those happened to occur after the dot-com bubble burst and the recession that started during the Clinton administration. The rest of it occurred shortly after 9/11, which cost the economy of this country almost $3 trillion.
The other side kind of changed their tactic, Mr. Speaker, as we began to grow jobs as those tax cuts for all Americans with their special emphasis on small businessmen and -women began to put people back to work. All of a sudden, when we gained 1.7, 1.9 million jobs back, then they had to change their tactics at the last minute.
But make no mistake about it, this medical malpractice crisis and lack of access to care, and the fact that physicians are shutting their offices, it is a job issue as well because it is not simply one physician but in many cases it is 15 to 25 people who are actually employed in that office and all of them are without a job. Talk about outsourcing of jobs.
We could have done a lot to prevent that right here in our own country with some meaningful leveling of the playing field with fair and balanced tort reform in regard to medical liability.
Continuing with some of the posters, these are real-life situations that I want to bring to the attention of my colleagues.
Michelle, a breast surgeon, serving more than 5,000 patients a year, experienced a 760 percent increase in malpractice insurance over an 8- year period of time. That is an average 76 percent increase per year. This was a testimonial on 60 Minutes in March, 2003.
Doctors in rural Mississippi can expect to pay over $70,000 in malpractice premiums. Their average salary in rural Mississippi, certainly not an affluent State, about $72,000 a year. They are literally almost as much, not more, but almost as much in malpractice premiums as they are making in income and probably working 70 hours a week.
Lehigh Valley, Pennsylvania, lost one-third of its neurosurgeons due to unrelenting problems with medical malpractice insurance. That is in Lehigh Valley, Pennsylvania.
Listen to some of these numbers. Talk about bullet points. This really cuts right to the chase. Let me give my colleagues a few numbers to ponder.
America's medical liability crisis, we all pay for a broken system. The number 19, as I said at the outset of the hour, the number of States in a full-blown medical liability crisis in which the cost of frivolous lawsuit settlements and jury awards cost physicians' medical liability premiums to skyrocket. As a result, patients lose access to care when physicians are forced to give up parts of their practice, such as delivering babies or performing high-risk surgery.
Mr. Speaker, 72 percent of Americans favor a law that guarantees full payment of lost wages and medical expenses but limits noneconomic damages. That is the point that my colleagues on the other side of the aisle seem to miss. We spend all this money on polling. We poll and run TV ads, and then we send out mailers depending on what the public perception is of an issue. And 72 percent, talk about a plurality, a supermajority of Americans understood this issue, and clearly today understand that we are a country in crisis in regard to our health care delivery system. They want change, they want fairness, and yet my colleagues who have a lot of heartburn over this recent election are still trying to figure out what went wrong. Certainly they were wrong on that issue.
The figure of $70 billion to $126 billion a year, the cost of defensive medicine which could be significantly reduced by medical liability reforms. Now we just passed yesterday an increase in the debt ceiling of $800 billion. There was a lot of rhetoric from the other side and a lot of complaining about the runaway deficits and the growing, burgeoning debt.
With medical liability reform, it is estimated that we would save the government close to $40 billion a year. Keep in mind that the Federal Government really pays about two-thirds of all of the health care in this country with four programs: Medicare, Medicaid, Tricare for our military personnel and their dependents, and our VA health care system. If we put all of those programs together, we are talking about two- thirds of the health care costs in this country the Federal Government pays. If we had some meaningful tort reform and doctors did not have to do all this defensive medicine and add all of these additional tests which we know and the hospitals know are totally unnecessary in many instances, but doctors are just trying to protect themselves from a lawsuit, if we could get all of that out of the system and go back to just practicing common-sense medicine, this is the amount of savings we would incur. Then we would not have to increase that debt limit.
I am very pleased tonight, Mr. Speaker, to be joined by one of my colleagues on my side of the aisle and a fellow physician, not only a fellow physician but also a fellow OB/GYN physician. He has not practiced quite as long as I have nor delivered quite as many babies as I have, but he is one fine doctor and a fine Congressman.
Mr. Speaker, I yield to the gentleman from Texas (Mr. Burgess).
I thank my colleague from Texas for joining us this evening for this discussion, and I appreciate his very accurate remarks. I know one thing he was talking about, physician access and which specialties doctors choose today based on this liability crisis.
I want my colleagues to listen very carefully to this number: 48 percent, the proportion of American medical students in their third or fourth year of medical school who indicated that the liability crisis was a factor in their choice of specialty, threatening patients' future access to critical services. I am sure that Dr. Burgess would agree with me that when we were in medical school a few years ago, OB-GYN was one of the most popular specialties. It was the one that everybody wanted to go in. It was the compassionate, the feel-good specialty, delivering babies, being with a family, at what usually is the happiest day, the happiest moment of their lives, the birth of a child.
Yet today because of this crisis, as he well knows, we are having fewer and fewer, not only fewer and fewer of our best and brightest students from college wanting to get into medical school and go into the practice of medicine in any specialty but particularly OB-GYN and general surgery and neurosurgery and some of these higher risk specialties.
The gentleman is absolutely right. I am pleased to have another physician Member with us tonight in my colleague from Florida, Dr. David Weldon. Dr. Weldon is an internal medicine specialist. I think I am recalling correctly that he is about to begin his sixth term in this august body and has certainly been a great mentor to both Dr. Burgess and myself as we came in 2 years ago as freshmen and really needed to get up to speed on the Medicare law and all the nuances of that. It is certainly a distinct honor and a pleasure to have Dr. Weldon join us this evening.
I thank the gentleman from Florida so much. We appreciate him being with us tonight and sharing those thoughts. It is so important that he pointed out to our colleagues that this really is not just about doctors and their practice, Dr. Weldon's practice, Dr. Burgess, Dr. Gingrey, or an individual like this Dr. Leon Smith, Jr.
I happen to know Dr. Leon Smith, Jr. He practices medicine in Athens, Georgia. I went to medical school with him. I knew him very well. Both he and his brother are OB-GYN physicians. His group, I think six or eight of them, recently stopped practicing, had to stop obstetrics and curtail their practice drastically because of this crisis. Dr. Smith was actually interviewed on ``60 Minutes'' on March 9, 2003. Here is what Leon said, Dr. Leon Smith, Jr.:
``We're giving up something I have always wanted to do because of the malpractice crisis after insurance premiums broke a million dollars.''
This is real life. This really puts a face on this problem. But as Dr. Weldon points out so vividly, it is a jobs issue because it is not just Dr. Smith and colleagues like him that have to give up their practices. It is the fact that small business men and women over the last 5, 6, 8 years are seeing double-digit increases in the amount that they have to pay for health insurance to provide to their employees. And they cannot do it. It is becoming the highest cost of them doing business. And a lot of small businesses fail. This is one of the main reasons that they fail.
And so we are not just talking about doctors not being available to help patients. We are also talking about small businesses closing and people being out of work. I think it is so important that we keep that in mind as we try to address this crisis and try to do it in a bipartisan fashion.
Mr. Speaker, I want to show this last poster before I go on with some additional remarks, but this is pretty telling and the title of this poster is ``Show Me the Money.'' ``Show Me the Money.'' And I have heard, I am not sure who it was, maybe some wise, erudite talk show host recently say, If you want to know what the problem is, just follow the dollar. Follow the dollar.
I can remember during the Medicare Modernization, Improvement, and Prescription Drug Act debate that we had on the floor of this House last year, this Medicare modernization, which we had not done in 38 years, and this prescription drug benefit, which seniors have been begging for, pleading for, been promised by previous Presidents and previous Congresses and nobody ever delivered, we finally delivered on that promise.
And the criticism we received from the other side of the aisle was well, it was just a giveaway from the pharmaceutical industry. That is all it is. All these Republicans getting all this money from the big drug companies. And in fact, it was said, Mr. Speaker, by so many of my colleagues on the other side of the aisle that the pharmaceutical industry wrote the bill. I guess they think the doctors and hospitals wrote the original Medicare bill that was passed in 1965, but I do not think the doctors and the hospitals have done too well, but it has been a boon to seniors. Medicare has worked well. It is going to work even better. But while they were criticizing us purportedly for accepting money from pharmaceutical industry lobbyists, look at what is happening on this ``Show Me the Money'' poster.
Why do Democrats put trial lawyers before patients? That is my question. That is the question I want my colleagues to answer for me. Seventy-four percent of the campaign contributions made by lawyers and law firms during the 2002 election cycle went to Democrats. I am not sure what the number is in 2004, but I imagine it is probably a little higher than that with a couple of lawyers on the Democratic ticket, one a trial lawyer who made his living suing doctors like me and my colleagues. Seventy-four percent of the campaign contributions made by lawyers and law firms during the 2002 election cycle went to Democrats. Over $87 million to Democratic candidates during that cycle. Seventy- four percent came to over $87 million. In fact, the average contribution to a House Democrat totaled $57,281.
I like to think that we cannot be influenced by money, and I think that that statement is, in fact, true. I think most of my colleagues on the both sides of the aisle would agree with that. Men and women of honor and integrity. But these figures certainly have to be frightening, and maybe it is some of the explanation why, which has no reason to be partisan. A high-risk mom who desperately needs obstetrical care, she is not worrying about whether that white coat has an R or a D on its shoulders. She is looking for an M.D., of course, and this should not be a partisan issue. We need to get beyond that. It is too important. It is hugely important. Just as Medicare modernization, Social Security, these other issues, education, none of that should be partisan. So I hope that as we go forward in the 109th that we will all join together and finally get this job done.
I was giving some numbers a little bit earlier, and I would like to give a few more. The number 29. Mr. Speaker, 29 is the number of years that California's comprehensive medical liability reforms have protected the State of California and their patients, physicians, and taxpayers. 1975 was when MICRA, Medical Injury Reform Compensation Act, was passed; 1975, 29 years ago. Since then premiums in the United States, the rest of the 49 States, have grown by 750 percent. In California premiums have increased only 245 percent. Another very telling statistic.
Listen to this one. And I want my colleagues to listen carefully to this: $778,334, that is the amount a patient would receive for a $1 million jury award, an injured patient, a patient that deserves compensation, and we all are aware of that in many instances, $778,334, the amount a patient would receive for $1 million jury award by reforming the current contingency fee system. Now without any reform, a trial lawyer typically takes $400,000 or more of that settlement. That is not right. Mr. Speaker, that is not right.
The people who are injured, the mom, the dad, the parent, the child, in cases
that are not frivolous, somebody has practiced below the standard of care. Maybe it is one of my physician colleagues. Maybe it is a hospital. Maybe something happened in the emergency room. That patient has been injured and suffered and has significant economic losses, and they deserve fair and just compensation. But they are not getting it because of this contingency fee system which causes a lottery mentality among a lot of trial attorneys. Not all of them. Certainly not all of them. Most, in fact, I think are men and women of high integrity and provide a good service to their clients as they practice this subspecialty of personal injury.
3.9 million, and let me repeat that, Mr. Speaker, 3.9 million, the increase in the number of Americans with health insurance if Congress were to pass commonsense reform. Almost 4 million more people would be able to afford health insurance. We have been talking about that issue ever since I have been here in this Congress about the 40 million or so mostly working Americans who cannot afford to have health insurance. Either they cannot pay their part of the premium or their employer cannot provide it for them. It is estimated with meaningful leveling of the playing field, not taking away anybody's rights, that an additional 4 million people would be covered by health insurance.
I could go on and on with these numbers and statistics, but let me just talk a little bit in some of the time that we have remaining. Mr. Speaker, there are a number of provisions in the bill that we passed, the Health Act in 2003. That bill primarily puts a cap on noneconomic, so-called pain and suffering. But what it does not do is it absolutely does not limit recovery for injuries, economic losses; and in many cases those awards are in the several millions of dollars. But there is no way that one can put any estimate on pain and suffering or noneconomic losses. And that is the hallmark really of MICRA, the law that was passed in California, and it is a model that we know works. And as I said before, if this bill is passed, and I feel that we will pass it in the 109th Congress, any injured patient would be well compensated for the economic losses and any medical care that is needed as they go forward in the rest of their lives.
Another provision in this bill is something that is called joint and several liability. I want my colleagues to understand this concept: joint and several liability. That is what exists today. That means that if 10 doctors are named in a lawsuit, it does not matter who is the major culprit or the one who practiced the least close to the standard of care. One of those physicians who had very little to do with the case could end up paying the whole judgment or the whole settlement just simply because they have the deepest pockets. In this law that we passed, the Health Act of 2003, it would be proportioned depending upon their degree of responsibility, as well it should be.
Another provision is called collateral source disclosure. Collateral source disclosure simply means that a jury needs to know if an injured patient has health insurance, has disability income, because their injury has been eligible and is now receiving Social Security Disability benefits and by virtue of that is now eligible for Medicare. Under current law in most States, the jury is not permitted to know that as they calculate what a just and fair settlement or award should be. And, Mr. Speaker, that is what I would call double-dipping, and that is wrong.
Another provision of course in the bill that I talked about a little earlier was contingency lawyer fees, and I think they ought to get paid and they will get paid and they will do very well. I do not believe there is a shortage of attorneys in the State of California. I do not see any of them coming to Georgia, thank goodness. I think they are doing well out on the west coast and will continue to do well. But if we are going to have a shortage, I think most of the Members of this body, my colleagues, would agree it is probably a lot better to have a shortage of lawyers than a shortage of doctors because we need access to health care. And that is what this is all about, that and job creation and to take some relief off the men and women who are trying desperately to provide health care to their employees.
Mr. Speaker, it has been an honor, really, and a pleasure to come here tonight and talk about something that is very near and dear to me as a physician Member of this body. And in closing, my plea to my colleagues on the other side of the aisle and my fellow Republicans and those Members of the other body is to think about that statistic that I gave them a little bit earlier. Seventy-five percent of the American people want this, and they are not going to wait any longer. And if they do not get it, they are going to hold them responsible in 2006 just as they obviously did in 2004.