On the recordMarch 13, 2003
I have been listening intently to this debate. Many of my friends on the other side of the aisle apparently have not been listening at all to the debate, and I just want to rebut a couple of their points. First, they say this will not reduce insurance premiums. They were right in that it will not reduce insurance premiums by law, but the CBO says that overall insurance premiums will be reduced by 25 to 30 percent and more in States where there is a greater problem. That is the market working. That is the economics working on it. But those premiums are not going to be reduced if the current law stays where it is. Then we have heard time and time again about $250,000 in noneconomic damages. This bill gives each State the right to adjust that amount to a greater or a lesser amount. So the State legislatures can make a determination on whether $250,000 is proper or not. If they fail to do so, then the $250,000 in the HEALTH Act is the law for that State. Finally, we have heard 'Physician, heal thyself,' and that a small number of physicians are responsible for the vast majority of malpractice claims. Let me say that the current tort liability system provides a huge disincentive for doctors to talk about problems amongst themselves and to get the collective benefit of a number of doctors' opinions on how to treat a patient.
Source
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