| Washington, DC: Today Congressman Kenny Marchant (TX-24) voted for the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2005. The legislation outlines reforms designed to control the skyrocketing costs of medical liability insurance that are putting doctors across America out of work and limiting patient access to important healthcare services.
"Our healthcare system is in a crisis," said Marchant. "Physicians, hospitals and other healthcare providers are limiting their practices, or simply shutting them down, because they cannot afford these outrageous insurance premiums. If we cannot stop this now, the mass exodus of medical providers will continue. Patients are the ones who ultimately suffer, because they are finding it increasingly hard to obtain necessary medical attention."
The HEALTH Act expedites the resolution of claims by limiting the number of years a plaintiff has to file a healthcare liability action. This ensures claims are brought before evidence is destroyed, and while witnesses are available and their memories are fresh.
The legislation allocates damages more fairly by holding defendants liable only for their share of damages. Under the current system, defendants who are only 1% at fault may be held liable for 100% of the damages. This provision will end incentives for attorneys to pursue lawsuits against those minimally or not liable at all.
Also, under the guidelines of the HEALTH Act, unquantifiable, non-economic damages, such as pain and suffering, will be limited. Injured patients are still allowed to recover for economic damages like future medical expenses and loss of future earnings.
The bill places reasonable limits on punitive damages as well so the punishment fits the offense. It appropriately raises the burden of proof so that clear and convincing evidence must be shown to prove either malicious intent to injure or failure to act to avoid injury.
The HEALTH Act will maximize patients' awards. Stipulations empower courts to make certain than an unjust portion of the patient's recovery is not misdirected to his or her attorney.
According to the non-partisan Congressional Budget Office, under the HEALTH Act, premiums for medical malpractice insurance would ultimately be an average of 25% to 30% below what they would be under current law.
"America is home to the finest health care providers and technology in the world," noted Marchant. "High costs and the threat of lawsuits mean fewer doctors are using this technology, and access to healthcare is increasingly out of reach. The HEALTH Act implements reforms to contain these costs, and all Americans should benefit from expanded, affordable healthcare access."
CONTACT:
Annie Christian
(202) 225-6605
annie.christian@mail.house.gov |
