Hon. Michael G. Oxley: “Medical malpractice lawsuits are increasingly being used to enrich lawyers at the expense of patients and doctors. We…”

“Medical malpractice lawsuits are increasingly being used to enrich lawyers at the expense of patients and doctors. We would never close the doors of our legal system to people who have legitimately suffered. But the abuse of the system is threatening the quality of care delivered by our doctors and hospitals. According to the Ohio State Medical Association, 76 percent of Ohio doctors say insurance costs have affected their willingness to perform high-risk procedures. I've met with doctors in my district who say these high costs might force them to retire. My rural district cannot afford to lose quality physicians. This is clearly an issue of tort reform, not insurance regulation. State insurance commissioners strictly regulate liability insurers. Companies are not permitted to raise their premiums to make up for past losses. Malpractice insurance premiums are skyrocketing because over the last decade there has been an explosion in the number of lawsuits and particularly large awards, some reaching lottery proportions. That's something the market will reflect. Reasonable limits on non-economic damages are a sensible way to make sure that malpractice lawsuit awards address actual damages. They work, without compromising legal rights or physician vigilance. Ohio is a case in point. When my state placed caps on these awards in 1975, insurance premiums dropped. When this cap was overturned, lawsuits . . . and therefore, costs . . . went up almost immediately.”