The Oath of Hippocrates, an Oath which nearly all medical schools in the nation administer to physicians notes that as a physician AI will follow that method of treatment which according to my ability and judgment, I consider for the benefit of my patient and abstain from whatever is harmful or mischievous," or as many would say, a physician will Ado no harm."

 

Unfortunately, in today's modern health care system, the challenge of providing quality care under a strained health care delivery system has left many patients feeling like medical care does more harm than good. Whether dealing with the high cost of prescription drugs, the challenges of striking a balance between keeping health care affordable and physicians accountable, or ensuring that measures are in place to prevent medical errors and protect patients, it is clear that our health care system is in need of a cure for many of its ills.

 

While not every one of these problems has an immediate solution, Congress is addressing two areas this week that may bring a small dose of relief B medical malpractice reform and medical errors which affect patients.

 

Nobody needs to look further than his or her own community to recognize the problems we are facing in rural areas due to recent spikes in medical malpractice insurance. In meetings I held earlier this year on the issue, doctors from throughout our region shared stories about complications they have run into with medical malpractice insurance B insurance they purchase to protect themselves and their businesses from lawsuits. Dr. Barry Bass, a surgeon in Rolla, said that he has seen his insurance rates rise 61 percent in the last year alone and other specialty doctors like obstetricians shared the same problems. General surgeons have also seen their rates increase about 25 percent (up 10.1 percent from 2001).

 

There are many theories as to why these costs are escalating. Some argue that insurance companies are raising premiums arbitrarily or without justification. Others believe that the cause is related to the awards for pain and suffering and punitive damages stemming from medical malpractice lawsuits. Regardless, the high costs of medical malpractice insurance affect us all. Those increased costs affect the ability of our physicians to care for patients, reduces the number of doctors who practice (a significant challenge for medically underserved communities like ours) and destabilizes health care institutions B all to the detriment of the patient.

 

Although states have historically been responsible for the regulation of the insurance industry, including medical malpractice insurance, Congress can help assist states with this problem by providing them with guidelines on medical malpractice reform. This is particularly helpful for states without any medical malpractice reform as well as for other states trying to make their laws more effective B much like the state of Missouri is doing right now. That is why many in Congress are supporting the HEALTH (Help Efficient Accessible, Low-Cost, Timely Health Care) Act. The HEALTH Act will keep liability premiums down by limiting the huge jury awards while still allowing a person just compensation if they were a victim of malpractice. That compensation includes providing victims 100 percent of their economic losses B medical costs, lost wages, future lost wages, rehabilitation costs and other economic losses suffered as a result of a health care injury.

 

The bill allows some real reform and compensation but at the same time eliminates incentives for frivolous litigation B something sorely needed to make the process more effective and useful.

 

While Congress tries to "fix" the medical liability system, we must also address the medical errors which are prompting some of the medical liability lawsuits. A recent study at the Institute of Medicine reported that preventable medical errors are the eighth leading cause of death in America B ahead of breast cancer, AIDS and traffic deaths. Nearly 100,000 patients die in hospitals each year as a result of preventable mistakes B and the number of injured patients is even greater.

 

Most people are already a little nervous about going to the doctor and these startling statistics are doing little to put them at ease about health care. So, in addition to the HEALTH Act, Congress is working on preventing medical mistakes by passing the Patient Safety Improvement Act of 2003.

 

The Patient Safety Improvement Act aims to reduce health care errors by authorizing a system of patient safety organizations to gather voluntary and confidential reporting of errors and close calls on medical errors from hospitals, physicians and other medical personnel. The patient safety organizations will analyze the reports and then use the information to provide feedback designed to prevent future accidents and errors. Finally, the errors will be cataloged into a database that will assist professionals in tracking and identifying trends in health care errors so that they can be addressed and corrected B before someone is hurt.

 

Enacting meaningful malpractice reforms and adopting measures to improve patient safety won't solve all of the ailments of America's health care system, but it's a start. Improving this system can't be repaired with one small band-aid. But step by step we can help make modern medical care more responsible and responsive to each of us.