On the recordApril 8, 2004
Mr. President I rise to discuss S. 2207, Pregnancy and Trauma Care Access Protection Act of 2004, and S. 1637, the Jumpstart our Business Strength (JOBS) Act. Unfortunately I did not have an opportunity to cast a cloture vote yesterday on S. 2207 due to my observance of Passover in Connecticut. The medical malpractice problem is a difficult issue and one about which I have long been concerned. We need to strike the appropriate balance so that we have a system that ensures those harmed by medical negligence are justly compensated while at the same time not set up a system that unnecessarily inflates insurance rates. I have long sought to address this issue in a fair and rational way. For instance, I authored several bipartisan and balanced reform bills with Senator McConnell in the past. Unfortunately, the bills that have been before the Senate this Congress have been neither bipartisan nor balanced. This includes the Pregnancy and Trauma Care Access Protection Act of 2004. S. 2207 goes further than necessary and than advertised, offering limited liability not only to doctors, but also to medical device manufacturers and drug companies. Furthermore, the $250,000 cap on noneconomic damages included in this bill may often prove too low for many seriously harmed patients. I believe in meaningful and fair medical malpractice reform; but this bill and the others debated on the floor this session simply do not fit that description.
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