Patrick Kennedy: “I rise to ask why we are not doing more to ensure fewer mistakes are made in the first place. Mr. Speaker, nobody…”

“I rise to ask why we are not doing more to ensure fewer mistakes are made in the first place. Mr. Speaker, nobody disputes that malpractice premiums are heavily impacting many physicians. I think very few of us would dispute that there are frivolous claims filed. All of the justifications for this bill about losing physicians in high-risk practices are real concerns. So why is it that we are spending this time debating a bill that won't address this problem? Repeatedly dramatizing the problem doesn't make this bill a solution. This bill does nothing to prevent frivolous lawsuits. It doesn't rein in the bad actors, in penalizes those who are the most grievously injured. Experience shows that the link between awards or settlements and premiums is tenuous at best. An exhaustive study published this month showed that premiums have gone up 120 percent over the last 5 years while claims were flat. The GAO has found no evidence that caps on damages hold premiums down. But even if this bill could work--it would not, Mr. Speaker, but even if it could--we are completely missing the real issue. We are fighting about how or how not to compensate the victims of mistakes and hold negligent providers accountable. Shouldn't we be talking instead about how to ensure fewer mistakes in the first place? We are talking about closing the barn door but the horse is already galloping across the field. Mr. Speaker, Sorrel King can teach us all a lesson.…”