Mr. Speaker, I rise today in support of H.R. 5. Listen to why. For many years, the world has come to New York for medical care. But between 1998 and 2002, 70 percent of New York's neurosurgeons, 60 percent of the OB-GYNs in New York, 60…
Mr. Speaker, I rise today in support of H.R. 5. Listen to why. For many years, the world has come to New York for medical care. But between 1998 and 2002, 70 percent of New York's neurosurgeons, 60 percent of the OB-GYNs in New York, 60 percent of New York's orthopedic surgeons, and 60 percent of the general surgeons in New York were sued.
Mr. Speaker, it is impossible that all of these physicians were bad doctors. We can all agree that there are some physicians that may be better than others, but it would be difficult to come to the consensus that more than half of the physicians in several vital practice areas have performed this poorly.
This is a problem. In New York, the average jury award increased from $1.7 million in 1994 to $6 million in 1999, which was an increase of 350 percent. New York physicians are now paying 34 to 50 percent more in 2005 for the same insurance coverage they had in 2002. This is in part due to an across-the-board average rate increase of 7 percent for the 2004-2005 policy year. In 2001, six of the top eight medical malpractice awards in the United States came from New York courts. In 2002, 7 of the top 10 jury verdicts in medical negligence cases were from New York courts. And in 2003, it was four of the top six.
The cost is not just to the doctors. It is a cost we all ultimately share. There are steps this Congress can take in solving the problem. The HEALTH Act is a step that is both reasonable and fair. It is reasonable because it calls for a cap on unquantifiable damages. State laws that otherwise cap damages at specific amounts, even at higher amounts than those provided in the HEALTH Act, would remain in effect. The act is fair when it allows for the full recovery of economic damages. In other words, when damages can be quantified, they are unlimited in the HEALTH Act.
The HEALTH Act is going to help solve the national crisis we are seeing in medical malpractice. Without this legislation, doctors will not just leave the area where they practice; they will leave the profession. I urge support of the HEALTH Act.
Today, I rise in support of H.R. 5--The HEALTH Act of 2005.
Between 1998 and 2002, the largest insurer of physicians in New York state had: 70 percent of its neurosurgeons sued, 60 percent of OB-GYNs were sued, 60 percent of orthopedic surgeons were sued, and 60 percent of general surgeons were sued.
Mr. Speaker, it is impossible that all of these physicians are bad doctors.
We can all agree that there are some physicians who may be better than others--but it would be difficult to come to the consensus that more than 50 percent of physicians in several vital practice areas have performed this poorly.
There is a problem.
Just in New York, the average jury award increased from $1.7 million in 1994 to $6 million in 1999--an increase of 350 percent.
New York physicians are now paying 34-50 percent more in 2005 for the same insurance coverage they had in 2002. This is in part due to an across the board average increase of 7 percent rate increase for the 2004-05 policy year.
In 2001, 6 of the top 8 medical malpractice awards came from New York courts.
In 2002, 7 of the top 10 jury verdicts in medical negligence cases were from New York courts. And in 2003, it was 4 of the top 6.
But, there are also steps that this Congress can take towards solving this problem.
We have learned today that the HEALTH Act is a step that is both reasonable and fair.
It's reasonable because it calls for a cap only on unquantifiable damages. State laws that otherwise cap damages at specific amounts, even at higher amounts than those provided in the HEALTH Act, would remain in effect under the HEALTH Act.
The Act is fair where it allows for full recovery of economic damages. In other words, when damages can be quantified, they are unlimited under the HEALTH Act.
The HEALTH Act will help solve the national crisis that we are seeing in medical malpractice liability insurance.
Without this legislation doctors will not just leave the area where they practice, they will leave the profession. Patients, who are the real victims in this crisis, will be left to suffer and die because there is no one to provide the care.
As a member of the Medical Malpractice Crisis Task Force, I ask my colleagues to recognize that there is a problem, and this legislation is one great step in the direction towards solving that problem.
Please support the HEALTH Act of 2005.