[Congressional Record Volume 149, Number 42 (Monday, March 17, 2003)]
[Extensions of Remarks]
[Page E479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




HELP EFFICIENT, ACCESSIBLE, LOW-COST, TIMELY HEALTHCARE (HEALTH) ACT OF 
                                  2003

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                               speech of

                            HON. STEVE BUYER

                               of indiana

                    in the house of representatives

                        Thursday, March 13, 2003

  Mr. BUYER. Mr. Speaker, I rise in support of H.R. 5, legislation to 
ensure that patients have access to quality medical care by bringing 
balance to our medical liability system.
  The purpose of the medical liability system is to provide a remedy 
for patients who have been harmed by negligent actions on the part of 
providers. But excessive litigation, legal action filed without 
legitimate cause, can lead to patient harm. Women who cannot find 
obstetricians for high risk pregnancies, and trauma patients who do not 
have access to appropriate medical care, suffer when doctors have been 
driven from practice due to high litigation expense. Doctors who must 
practice defensive medicine increase the cost of health care for 
everyone and put their patients through unnecessary procedures.
  Many States have struggled to bring reforms to their liability 
systems. Indiana, fortunately, has not been one of them. Over 20 years 
ago, Indiana reformed its medical liability system. Today, patients are 
compensated quickly without endless litigation, doctors have reasonable 
malpractice insurance rates and the medical community provides quality 
care to Hoosier patients.
  It is my understanding that under H.R. 5 Indiana will be able to 
retain the core aspects of its medical liability system. These include, 
the medical review panel requirement, the total compensation cap, and 
the limit on providers' liability. It is also my understanding that 
there is nothing in H.R. 5 that would prevent other States from 
adopting a medical liability system that includes such elements.
  I urge the adoption of H.R. 5 to bring common sense back to our 
medical liability system.

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