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Physicians' Fears Of Malpractice Suits Cause Them To Perform Additional And Unnecessary Tests

WASHINGTON -- Last night, Rep. Christopher Shays (R-CT) and Rep. Jim Greenwood (R-PA) introduced the Medical Malpractice Rx Act. "The scales of the American health care system are seriously out of balance. Frivolous and excessive lawsuits are driving up the cost of health care," said Shays. "Congress must take action now to make affordable health insurance a reality."  Physicians' fears of malpractice suits cause them to perform additional and unnecessary tests and procedures that drive up the cost of health insurance. The Medical Malpractice Rx Act will prevent the unreasonable and needless litigation that causes many doctors to waste resources safeguarding themselves from lawsuits instead of treating their patients. "The Medical Malpractice Rx Act contains several provisions we've been advocating for years," said Westport general surgeon and vice president of the Fairfield County Medical Association, Kathleen A. LaVorgna, MD. "By helping to reduce medical liability costs, this bill aims to make health insurance more accessible and more affordable for patients. It is a great step in the right direction."

The rate of malpractice lawsuits has doubled over the last ten years. On average, there are 120,000 active lawsuits against America's 500,000 physicians at any one time. "Malpractice insurance premiums for physicians total over $6 billion annually," Shays continued. "These costs are passed along to our families. The Medical Malpractice Rx Act will limit these costs and help ensure we have health insurance that's affordable for all Americans."

The bill would impose a $250,000 cap on pain and suffering awards, and allows juries to hear evidence of multiple recoveries awarded to plaintiffs. The Medical Malpractice Rx Act imposes time limits on lawsuits, and prevents plaintiffs from recovering 100% of damages from a single party if there are multiple parties at fault. The bill will also require the loser to pay all attorney's fees, while allowing states to impose greater restrictions on liability.