On the recordMarch 13, 2003
I believe we can all acknowledge that rising medical malpractice premiums are hurting doctors and patients. But I heard earlier from the other side that trauma centers are closing, and they are closing in Los Angeles. But it is not because of frivolous lawsuits, it is because we have not provided adequate reimbursement for Medicaid for those poor hospitals. That is why, and we are not even addressing that. I have to say, with all due respect, that the bill will not lower insurance premiums. Caps in California did not lower premiums. Insurance reform did, Proposition 103, and only slightly, because we are still above many other States in the country. We need to bring insurance providers to the table and we need to have that kind of discussion, not one that talks back and forth here on the floor. Caps on noneconomic damages unfairly penalize children, retirees and stay-at-home moms. And you know why? Because they do not make an income. Mr. Ed Whiddon, a retired lieutenant colonel in the Air Force, was a victim of malpractice at the hands of an anesthesiologist who left him a paraplegic. His compensation was almost entirely for pain and suffering damages because he was retired, no income, did not qualify for lost wages. The bill would unfairly limit damages for retirees like this former member of our Armed Forces and others who earn no wages, like poor moms and children. Let us protect patients' rights. Let us help those poor people.
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