Wednesday, Feb.
25, 2004
GOP to Push Medical Malpractice Bill
By JESSE J. HOLLAND Associated Press Writer
WASHINGTON (AP) - Senate Republicans say they will keep
making Democrats vote on a bill curbing medical malpractice
lawsuits, despite losing another attempt to get the legislation out
of the Senate and to the White House.
"We'll come back to it," said Senate Majority Leader Bill Frist,
R-Tenn., after losing a vote to force Democrats to consider a bill
curbing medical malpractice damages against obstetricians and
gynecologists. "The problem is not going to go away."
President Bush and the Republicans have argued that medical
malpractice legislation could help reduce unnecessary lawsuits that
make it harder for doctors to practice. In a brief statement, Bush
focused particularly on what he said is the impact on obstetricians
and gynecologists.
"I am disappointed that a minority in the Senate has again
decided to play politics and block our nation's ability to
accomplish medical liability reform," Bush said. "Today's vote is a
blow to America's families, because pregnant women are losing access
to their obstetricians and gynecologists due to frivolous and
abusive lawsuits."
It takes 60 votes to force senators to consider a bill but
Republicans were not able to reach that goal in the 48-45 vote
Tuesday.
But Democrats said the bill is nothing but an election-year
ploy.
"What this bill is all about is trying to make sure that we have
a record roll call on the issue so those who are supporting this
bill will go back to some members of the medical community and say
that all of those senators who are voting against it don't want to
help you with medical malpractice premiums," said Sen. Richard
Durbin, D-Ill.
The bill is supported by the American Medical Association and the
American Insurers Association. Both are longtime GOP allies who
argue that frivolous lawsuits drive up rapidly increasing insurance
premiums for doctors. In several states, obstetricians have said
higher insurance bills are forcing them to stop delivering
babies.
But trial lawyers - longtime Democrat allies - oppose the bill.
The Association of Trial Lawyers of America is fighting caps on
damages, alleging that insurers' poor returns on investments are
largely responsible for the premiums increases. The group also
argues that state-imposed caps on damages do not lead to reductions
in insurance premiums.
By limiting the legislation to OB/GYNs, Republicans want to
portray the battle as one between trial lawyers and women's access
to services. "Is their devotion to personal injury lawyers greater
than their devotion to women?" said Senate Judiciary Chairman Orrin
Hatch, R-Utah.
Democrats say the GOP is just trying to please its fund-raising
base. Forcing a vote is nothing but an "attempt to tally points on
some election year political scoreboard for powerful special
interests at the public's expense," said Sen. Patrick Leahy,
D-Vt.
"It's wrong to take away women's rights in the courtroom just to
benefit insurance companies," added Senate Democratic leader Tom
Daschle of South Dakota.
Some conservatives, however, said they would cheer the bill's
failure because it would protect doctors who perform abortions.
"Were it to pass, abortions would be even more pervasive because the
bill immunizes doctors performing these procedures from
accountability for their worst mistakes," said Ken Conner, former
president of the conservative Family Research Council.
Sen. Judd Gregg, R-N.H., said the Republicans plan to bring the
bill before the Senate again with exemptions for emergency room
doctors and with exemptions for doctors in areas with too few
physicians and medical facilities.
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The bill number is S.2061.
On the Net
For bill text: http://thomas.loc.gov/
2004-02-25 09:26:58
GMT
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The
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