[Congressional Record Volume 151, Number 123 (Wednesday, September 28, 2005)]
[Senate]
[Pages S10599-S10600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. CLINTON (for herself and Mr. Obama):
  S. 1784. A bill to amend the Public Health Service Act to promote a 
culture of safety within the health care system through the 
establishment of a National Medical Error Disclosure and Compensation 
Program; to the Committee on Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, I am pleased today to introduce 
legislation that will improve patient safety while helping to provide 
some relief to health care providers dealing with escalating medical 
liability costs.
  We are dealing with a medical malpractice problem in this country 
that is jeopardizing patient safety and hurting our health care system. 
As I visit with doctors and hospitals in New York and around the 
Nation, I hear about the pressures and problems of escalating medical 
malpractice insurance premiums.
  These high premiums are forcing many physicians to alter their 
practice of medicine and leaving some patients without access to 
necessary medical care. In my State of New York, an unacceptable 40 
percent of our counties have less than 5 practicing obstetricians.
  At the same time, we have all heard the terrifying statistic from the 
landmark 1999 IOM report stating that as many as 98,000 deaths every 
year are the result of medical errors. But, far fewer people know that 
the IOM suggests that 90 percent of medical errors are the result of 
failed systems and procedures, not the negligence of physicians.
  We must do better. If properly designed, these systems and procedures 
could go a long way towards seriously reducing medical errors.
  But, understanding the root causes of errors requires their 
disclosure and analysis. And that's the fundamental tension between the 
medical liability system and our common goal of providing high quality 
care and improving patient safety in the health care system.
  Studies have consistently shown that health care providers are 
reticent to engage in patient safety activities and be open about 
errors because they believe they are being asked to do so without 
appropriate assurances of legal protection.

  That's where this legislation comes in. We build on the patient 
safety bill that was signed into law earlier this summer by creating a 
voluntary program to encourage disclosure of errors, an opportunity to 
enter negotiations and early settlement, while, at the same time, 
protecting patients' rights and providing liability protection for 
health care providers who participate in the program.
  Our bill is designed to bridge the gap between the medical liability 
and patient safety systems for the benefit of patients and providers.
  The truly unfortunate result of the current congressional stalemate 
over caps is that patients and physicians are left waiting for someone 
to break the logjam and work to find bipartisan solutions that have an 
opportunity to mitigate this problem. I believe it's critical that we 
find a way around this stalemate and that Congress work in good faith 
to find solutions that can garner enough support to find their way to 
the President's desk.
  I believe that this is an exciting and innovative program that will 
improve patient-physician communication, reduce the rates of 
preventable patient injury, reduce the liability insurance premiums 
that physicians are facing, and insure that patients have access to 
fair compensation for medical injury: Four fundamental goals that I 
believe are necessary components of any solution we consider.
  There are a number of successful programs across the country that are 
consistent with the provisions of our legislation, including one at the 
University of Michigan, and even one initiated by a medical malpractice 
insurance provider in Colorado. I am excited about the results these 
programs are producing--fewer numbers of suits being filed, more 
patients being compensated for injuries, greater patient trust and 
satisfaction, and significantly reduced administrative and legal 
defense costs for providers, insurers, and hospitals where these 
programs are in place.
  I am hopeful that our legislation will provide an opportunity for 
more hospitals and physicians to use this program and see for 
themselves the benefits they--and their patients--will reap.
  Mr. OBAMA. Mr. President, it is my pleasure to join Senator Clinton 
to introduce legislation that will help us all find common ground on 
the debate over patient safety and medical malpractice claims.
  Today, medical error is the eighth leading cause of death in the 
United States. Every year, these tragic mistakes cost the lives of up 
to 98,000 Americans. This is unacceptable in America, and we must do 
more to ensure that every patient gets the right care, at the right 
time, in the right way.
  The debate in Washington over this issue has been centered on caps 
and lawsuits. But across America, hospitals and medical providers are 
proving that

[[Page S10600]]

there's a better way to protect patients and doctors, all while raising 
the quality of our care and lowering its cost.
  From the Children's Hospitals and Clinics of Minnesota to the VA 
hospital in Lexington, Kentucky, doctors and administrators aren't 
trying to cover up medical errors--They're trying to admit them. 
Instead of closing ranks and keeping the patient in the dark, they're 
investigating potential errors, apologizing if mistakes have been made, 
and offering a reasonable settlement that keeps the case out of court.
  This program is often known as ``Sorry Works,'' and it's led to some 
amazing results. When patients are treated with respect and told the 
truth, they sue less. More are actually compensated for their injuries, 
but medical providers pay less because the reward is the result of a 
settlement, not an expensive lawsuit. Malpractice costs for doctors go 
down, and health care professionals actually learn from their mistakes 
so they're not repeated and lives are saved.
  At the VA hospital in Lexington, Kentucky, this program has reduced 
the average settlement to $16,000, compared with $98,000 nationwide. 
This ranked in the lowest quartile of all VA facilities for malpractice 
payouts. At the University of Michigan's hospital system, this program 
helped them cut their lawsuits in half and save up to $2 million in 
defense litigation.
  The bill we're introducing today builds on these hopeful results and 
incorporates them into a national program. The National Medical Error 
Disclosure and Compensation Act, or MEDiC Act, will help reduce medical 
error rates and medical malpractice costs by opening the lines of 
communication between doctors and patients--encouraging honesty and 
accountability in the process.
  The bill will also set up a National Patient Safety Database, which 
will be used to determine best practices in preventing medical errors, 
improving patient safety, and increasing accountability in the 
healthcare system.
  We expect participants to see a cost savings, and we will require 
them to reinvest a portion of these savings into patient quality 
measures that will reduce medical errors. This bill also requires that 
some of these savings are passed along to providers in the form of 
lower malpractice insurance premiums.
  Certainly, these are lofty goals. But what Senator Clinton and I hope 
to do with this legislation is promote the type of creative thinking 
that will be required if this country is going to overcome some of the 
gridlock in the healthcare debate. The MEDiC Act of 2005 brings 
together some of the best ideas currently out there, and I hope my 
colleagues in the Senate will work with Senator Clinton and me to put 
these ideas in action.
                                 ______