Healthy Mothers And Healthy Babies Access To Care Act of 2004

atraub — Wed, 19 Sep 2007 14:51:38 -0400

Legislation

The middle class

Opposes

Video Summary

Injustice Facts

Percentage of the nation’s health care expenditures made up by medical malpractice premiums: 0.62%
Maximum non-economic damages payable under the provisions of this bill to a baby who will go through life completely paralyzed due to the actions of a negligent doctor: $250,000
Maximum punitive damages under the provisions of this bill imposed on a doctor who has similarly paralyzed seven other newborns through the same negligence: $250,000
Rank of “reducing jury awards in malpractice lawsuits” on the list of health care priorities for Congress and the President in 2005, according to a poll by the Kaiser Family Foundation and the Harvard School of Public Health: 11 out of 12
Number of times President Bush mentioned “junk” or “frivolous” lawsuits during a recent speech on health care policy: 10

Overview/Summary

Middle Class Position Analysis

The Middle Class Opposes: The middle class endorses a "nay" vote on the procedural question and opposes the substance of the bill. This bill, misnamed the Healthy Mothers and Healthy Babies Access to Care Act, places limits on the legal rights of pregnant women and their babies. When a baby is killed, maimed, or brain-damaged because of medical negligence or malpractice, no amount of money can truly make a family whole. Nevertheless, it is the non-economic damages (damages beyond compensation for medical bills and lost income) from a lawsuit that provide some compensation. This bill would have imposed a one-size-fits-all limit on these damages, no matter how devastating the malpractice. This hits the middle class particularly hard. High-income plaintiffs are awarded higher economic damages because they lose more money from being unable to work. Thus for low- and middle-income victims, non-economic damages, which consider pain and suffering and quality of life, make up a larger proportion of the whole award. It is that prospect that enables middle income people to attract legal support that they would be unable to afford if they were required to pay hourly rates. In addition, the threat of significant liability helps deter hospitals from cutting corners on safety and stops pharmaceutical corporations from selling drugs they know to be dangerous. While the bill’s proponents argue that it would lower the cost of malpractice insurance for obstetricians, there is no evidence linking high malpractice insurance premiums to the cost of lawsuits. In fact, insurance industry representatives have said that they would not commit to lowering insurance rates if medical malpractice bills like this one are passed.

Medical errors

Healthy Mothers And Healthy Babies Access To Care Act of 2004

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

Quotes from Experts

Beyond this Bill

Additional Resources

Medical errors

Healthy Mothers And Healthy Babies Access To Care Act of 2004

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

Related Blog: Header

Quotes from Experts

Related Blog: Text

Beyond this Bill

Related Blog: Link

Additional Resources