[Congressional Record Volume 145, Number 85 (Wednesday, June 16, 1999)]
[Extensions of Remarks]
[Page E1290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                     THE MEDICAL MALPRACTICE Rx ACT

                                 ______
                                 

                         HON. CHRISTOPHER SHAYS

                             of connecticut

                    in the house of representatives

                        Wednesday, June 16, 1999

  Mr. SHAYS. Mr. Speaker, today Representative Jim Greenwood of 
Pennsylvania and I are introducing the Medical Malpractice Rx Act.
  The Medical Malpractice Rx Act will prevent the unreasonable and 
frivolous litigation that has caused many doctors to waste resources on 
``defensive medicine.'' According to the Congressional Research 
Service, many analysts have observed that physicians' fears of 
malpractice suits have caused them to perform additional or unnecessary 
tests and procedures that serve to drive the cost of health insurance 
to unaffordable levels for many Americans.
  Malpractice insurance premiums for physicians total over $6 billion 
annually, and the rate of malpractice cases has doubled over the past 
ten years.
  The Act prevents plaintiffs from recovering 100 percent of damages 
from one party when multiple parties are at fault and sets a $250,000 
cap on noneconomic (pain and suffering) damages. In addition, the 
Medical malpractice Rx Act allows juries to hear evidence of multiple 
recoveries paid to plaintiffs.
  The Medical Malpractice Rx Act allows trial lawyers a maximum of five 
years from the date of injury to bring a medical malpractice suit, 
replacing the often vague current law which permits lawsuits 7-10 years 
from the date of injury.
  Finally, the Act requires the losing party to pay attorney's fees.
  It is estimated that the Medical Malpractice Rx Act could save the 
Medicare program $1.5 billion over 10 years and billions more could be 
saved on private health premiums. These savings will translate into 
savings for all Americans.
  We must act to ensure Americans have access to affordable health 
insurance and prevent the cost of insurance from reaching even more 
exorbitant levels.
  Mr. Speaker, I urge my colleagues on both sides of the aisle to 
support this important piece of legislation.

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