it is clear that a crisis exists relating to the costs of medical malpractice liability insurance premiums. This bill is no a solution, and I will not vote for it. The problem deserves an effective solution based on a real causal evaluation, which this bill lacks. Even insurers and their lobbyists reject the notion that tort reform would achieve any specific premium reduction. I am particularly concerned that the model for this bill, California's Medical Injury Compensation Reform Act (MICRA), does not appear to have made any improvement at all in the battle against high malpractice insurance premiums. MICRA included a $250,000 cap on non-economic damages as well as arbitration and attorney fee provisions, yet doctors still pay premiums that are higher than the national average. Furthermore, the caps on damages in this bill are arbitrary, and based on a scale established in 1975. In Oregon, the Supreme Court has repeatedly ruled that even looser caps are a clear violation of state law, and Oregon voters have resisted efforts to change this. This bill would overturn their decisions, as well as patients' rights laws in 11 other states. Since Congress is very unlikely to enact this tort reform, we ought to look into the effect that poor investments, the legislative framework, and other insurance industry-side elements might have in this crisis.
Editor's note · Context
Opposing a bill related to medical malpractice liability insurance during a floor debate.
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