Medical Care Access Protection Act of 2006

hmoroz — Mon, 27 Jul 2009 15:04:26 -0400

Legislation

The middle class

Opposes

Video Summary

Injustice Facts

Estimated number of Americans killed each year by medical errors in hospitals: 44,000 to 98,000

Number of medication errors that occur every year in American hospitals: 1.5 million

Estimated number of elderly and disabled Americans who live in chronically deficient nursing homes where they are at risk of harm: 300,000

Percentage of doctors responsible for nearly 60 percent of malpractice claims: 5.9

Percentage of the nation’s total health care spending accounted for by malpractice lawsuits: 2

Number of hearings held for this bill and other medical malpractice legislation in the 109th Congress: 0

Overview/Summary

Middle Class Position Analysis

The Middle Class Opposes. The middle class endorses a “no” vote on the procedural issue and also opposes the substance of this bill. The Medical Care Access Protection Act tries to lower the runaway cost of health care by limiting the rights of patients and their families to seek legal recourse if they are killed or injured by medical negligence or malpractice. Unfortunately, the bill would do little to bring down costs – according to the non-partisan Congressional Budget Office, total malpractice costs account for less than 2 percent of the nation’s health care expenditures – but it would impede the ability of injured middle-class patients to retain a lawyer and receive just compensation for their injuries. Current and aspiring middle-class Americans deserve high quality medical care. Yet too often hospitals, health care providers, and nursing homes make preventable mistakes that harm patients’ health and well-being. According to the National Academy of Sciences Institute of Medicine, 44,000 and 98,000 Americans are killed and 300,000 are injured by medical errors in hospitals every year. Another IOM study found 1.5 million medication errors occur every year in American hospitals, adding $3.5 billion in medical costs to the medical system, and between $17 billion and $29 billion per year in total costs to society—including medical expenses, lost income, lost household productivity, and physical disability. By reducing the potential damages payable in lawsuits, this bill not only restricts the amount injured patients can recover when they are harmed by these errors, but also diminishes the incentives for hospitals and nursing homes not to cut corners on patient care and safety, resulting in worse medical care for all patients.

Quotes from Experts

Beyond this Bill

Additional Resources

“The Great Medical Malpractice Hoax,” from Public Citizen

“Claims, Errors, and Compensation Payments in Medical Malpractice Litigation,” David M. Studdart, et. al., The New England Journal of Medicine

“Civil Justice Presidential Platform: Medical Malpractice Reform,” from Kia Franklin at the Drum Major Institute for Public Policy

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

Medical Care Access Protection Act of 2006

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

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