March 13, 2003

Congresswoman Barbara Lee Votes Against Republican Medical Malpractice Insurance Bill

Bill Drastically Reduces Patients’ Rights to Appropriate Damages for Malpractice Errors

Washington, DC - Congresswoman Barbara Lee expressed disappointment today about the passage of a Republican-sponsored medical malpractice bill that will harm innocent victims, particularly women, children, the elderly and the poor. That same bill, H.R. 5, will pad the pockets of insurance companies, Health Management Organizations (HMOs), and the manufacturers and distributors of defective medical and pharmaceutical products.

Nearly 100,000 people die each year from medical errors, making medical malpractice the third leading cause of preventable death in the United States.

As Lee told the House of Representatives, "H.R. 5 would do nothing to cure the problem of medical malpractice. Thousands of Americans die every year due to medical mistakes and thousands more are injured and placed at risk. The wrong limbs have been amputated. Improper transplants have been performed. Wildly incorrect medications have been administered. These are real people, real examples, and real losses, NOT frivolous lawsuits."

The Republican legislation caps pain and suffering damages for patients and families at $250,000 and limits punitive damages to two times economic damages or $250,000, whichever is greater, even though expenses for individuals and families can run into the hundreds of thousands of dollars.

A Democratic substitute bill, Conyers-Dingell, would have protected patients instead of protecting HMOs and drug companies, but the Republican leadership refused to allow Conyers-Dingell to come to the floor. Conyers-Dingell would have taken steps to weed out frivolous lawsuits, required insurance companies to pass their savings on to health care providers, and provided targeted assistance to the physicians and communities who need help most.

"Now we’re telling people that they don’t have the protection to seek appropriate damages if they lose time from work or even, God forbid, a family member because of medical malpractice?" said Lee. "Actually the bill does protect someone — it protects HMOs, the insurance industry, and the pharmaceutical companies."

###