Madam Speaker, I would like to thank my colleague from Georgia (Mr. Gingrey) for putting this together in anticipation of what I think will be a great day for this Chamber and a great day for America and that is going to be the passage of…
Madam Speaker, I would like to thank my colleague from Georgia (Mr. Gingrey) for putting this together in anticipation of what I think will be a great day for this Chamber and a great day for America and that is going to be the passage of H.R. 5, the HEALTH Act.
I am a co-sponsor of the HEALTH Act, as I was last year when it passed through this Chamber. I was pushing for medical liability reform at every level, on the Federal level most certainly, but in our own State of West Virginia.
Everybody has a story to tell, and certainly in West Virginia last year we had quite a story to tell. I just want to talk about two incidents that happened in our State of West Virginia.
I live in Charleston, West Virginia, the capital of our State. And the largest medical center there lost its trauma-1 status, which means that if I were to be in a car accident and my family were to suffer like the woman that we talked with earlier today whose husband was in a car accident, they too would have to be transported to find a neurosurgeon to be treated in a trauma-1 center outside of our State.
To me, to live in a capital city and say you cannot provide that kind of care in our capital city does not speak very well for our State or our capital city. I am happy to say that that hospital has since retained its Trauma 1 status through great efforts by our governor, and we now do have our full emergency care, but in that point in time it was a devastating event.
We also had an event in September where a young boy had something lodged in his windpipe, went to the hospital, could not find a pediatric surgeon, had to be taken to Cincinnati, 4 hours away, before he could have that removed from his windpipe. Luckily, everything turned out all right, but if it had been a true emergency to the point where he was obstructed and could not breathe, it could have had a different ending.
I likened a lot of what was happening in West Virginia to the Perfect Storm. Our doctors were leaving in droves, our Trauma 1 center was closing, our doctors in Wheeling actually took a month long leave of absence in January to illustrate the devastation that they have felt in their emergency room with the skyrocketing costs of medical malpractice insurance.
According to the Chamber of Commerce, West Virginia has one of the largest problems. Let me just say, 65 percent of our physicians have said they would consider moving to another State to practice medicine; 41 percent said retiring early; 30 percent said leaving the practice of medicine altogether. And what does that say? To me, that says when a doctor who is in the prime of their lives and practicing medicine, not only do we lose access to quality care, but we lose that physician's expertise to train doctors that are coming through in medical school and the doctors to come, and it is a very discouraging fact.
Doctors are practicing defensive medicine all across this country, and they are ordering test after test because they are afraid of the consequences if they were to miss something or if they were to not order a test that could be in some form or fashion thought to have been not in the patient's best interests or in the patient's best interest to have. So they are ordering test after test. They are referring to specialist after specialist to get more judgments. They have prescribed more medicine.
This is what defensive medicine is about, and every physician or most every physician in my State and across the Nation knows exactly what it is to have somebody looking over their shoulder. These professionals train for years and decades, many of them, to provide good, safe, quality health care to our citizens, to provide access to our citizens.
I am particularly interested in rural health care because if our doctors leave, they are going to leave the rural areas first, and it is going to be a devastating situation for our country.
So I am extremely pleased that we are going to have H.R. 5 in front of us tomorrow. I am going to be voting yea very proudly. I think it is going to help in our States for our recruitment of our young physicians, retention of our physicians, and provide that quality health care and success that is extremely important.
I would like to tell the rest of the Nation that my State, because we were in the Perfect Storm last year, because we were in this devastating situation, our State legislature stepped up to the bat, and yesterday our governor signed a bill, a medical liability reform bill, a medical justice bill, that goes to a lot to lawsuits abuse and lawsuit reform and tries to get a handle on the lottery system of medical liability court cases. I am proud of our State. I am proud of
our legislature for stepping up and answering the call and answering the question.
We need to pass this reform at the Federal level and vote for this HEALTH Act. Our court system is overwhelmed with these frivolous cases. Everyone in this body and everyone across America wants to see when an error has been made, when something unfortunate has happened, wants to see that person get what is rightfully due to them and to see that they are made whole because of an error that might have inadvertently been caused or intentionally been caused in a medical situation, and if we allow our court system to proceed the way it has with these frivolous suits and clogged up, the folks that are really due and that are really hurting are not going to have the access that they need.
This is also an economic development issue. If our health system is failing, we cannot develop our communities and a State like mine, if our health system is not standing, all the businesses are not going to come and bring employees into a State or a city that does not have good quality health care and good quality access to health care.
I think a lot of us across the Nation have a personal relationship with our physicians, and I think what happened in my State is what is happening across the country. With the personal relationships that we have with our physicians, that I might have with my OB/GYN or my mother might have with her physician, when those physicians leave in an untimely way because they are forced out of practicing medicine because of the high cost of medical liability, because of the fear of lawsuits, when those physicians leave, it breaks a serious bond in all of our lives. We have lost one of our friends, our advocates and somebody that we trust, and that is our physician.
I want to see our physicians be able to practice the way they have been trained, the way that they in their hearts know that we want to be treated, with good quality health care, and I believe that this health reform bill that we are going to pass tomorrow, modeled after the California bill, will go a long way to seeing that happen.