Representing North Carolina’s Ninth District                                                                        

Rep. Myrick Votes For Medical Liability Reform

(Washington, D.C.) – Rep. Sue Myrick voted for H.R. 5, the HEALTH Act of 2005.  This legislation will change our medical liability system so that it works for patients and doctors, not trial lawyers.  It will help ensure Americans have access to physicians and emergency care, while providing for a fair and timely reparations process for those who have been wronged.

 “The growing medical liability crisis has forced skilled doctors to stop practicing medicine.  This should not be happening.  I co-sponsored and voted for the HEALTH Act because patients deserve better.  They deserve to have quality medical care at a reasonable price,” said Rep. Myrick.  “This bill will limit frivolous lawsuits that have caused physicians’ insurance to skyrocket.  If we can help limit their insurance costs, then we can help lower our rising health care costs.”
 
 The HEALTH Act will limit fraudulent lawsuits by abolishing the financial incentives for filing them.  Patients will still be able to recover the full cost of economic damages, such as medical bills and lost income if they have been medically injured.  However, H.R. 5 will limit the amount of non-economic damages, or “pain and suffering” awards, to $250,000.  It will not permit punitive damages unless an actual economic judgment is rendered, and then limits the amount to no greater than twice the economic damages. In addition, H.R. 5 maximizes patients’ awards by allowing courts to ensure an unjust portion of the patient’s recovery is not misdirected to an attorney.

 According to the non-partisan Congressional Budget Office, under the HEALTH
Act, premiums for medical malpractice insurance would be an average
of 25 percent to 30 percent below what they are under current law.  The direct cost of malpractice insurance and the indirect cost from defensive medicine
raise the federal government's health care cost by at least $28 billion a year.  This bill takes the right steps in helping bring healthcare costs back down to earth.

 The HEALTH Act passed the House by a vote of 230 – 194, and two voting present. 

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