Reply #10: Conyer's blog has it too: [View All]

[lostnfound]

How did I miss this?! Boy, BushInc sure delivers for their rich corporate constituents -- CAFTA, Energy Bill, and malpractice in a span of 3 days.

http://www.conyersblog.us/archives/00000188.htm

The bill supersedes the law in all 50 states to cap non-economic damages, cap and limit punitive damages, cap attorney’s fees for poor victims, shorten the statute of limitations, eliminate joint and several liability, and eliminate collateral source. It not only applies to doctors, but also drug companies and HMO’s.

The bill totally ignores the real problem – price gouging by the insurance industry. This despite the fact that a recent study showed that over the last five years, medical malpractice claims were flat, while premiums charged to doctors increased by more than 100%.

The GOP Bill would cap damages for pain and suffering – that means if you lose your ability to bear children, if you are forced to bear excruciating pain, if you are permanently disfigured or crippled you lose out. Their proposed new statute of limitations ignores the fact that many injuries caused by malpractice or faulty drugs take years or even decades to manifest themselves. Their periodic payment provisions would allow insurance companies to indefinitely delay future financial obligations, and with no obligation to pay interest. The bill is also a gift to the drug companies. Under the legislation, producers of the Dalkon Shield, the Cooper-7 IUD, and other dangerous products, including the drug VIOXX would be able to avoid billions of dollars in damages.

Given that 5% of the health care professionals cause 54% of all medical malpractice injuries, the last thing we needed to do was exacerbate this problem while ignoring the true causes of the medical malpractice crisis in America. Of course, that’s what the House did today.

By the way, the Republicans brought this bill to the floor without the benefit of a committee hearing or markup, and totally shut out Democratic amendments. Democracy in action. Let’s hope the Senate Democrats give this bill a fitting burial.