[Congressional Record Volume 158, Number 48 (Thursday, March 22, 2012)]
[Extensions of Remarks]
[Page E429]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  PROTECTING ACCESS TO HEALTHCARE ACT

                                 ______
                                 

                               speech of

                       HON. EDDIE BERNICE JOHNSON

                                of texas

                    in the house of representatives

                       Wednesday, March 21, 2012

       The House in Committee of the Whole House on the state of 
     the Union had under consideration the bill (H.R. 5) to 
     improve patient access to health care services and provide 
     improved medical care by reducing the excessive burden the 
     liability system places on the health care delivery system:

  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chair, I rise today in 
opposition to H.R. 5, legislation which makes it more difficult for 
injured patients to hold medical providers, the drug industry, 
insurance companies, and nursing homes accountable for patient deaths 
and injuries. The so-called ``Protecting Access to Healthcare Act,'' is 
simply the same, repackaged tort reform proposal that has been 
considered on the House floor many times. This ``medical malpractice'' 
bill is a one-size-fits all, anti-individual rights bill that denies 
individuals their rights to redress when injured.
  The medical liability components of H.R. 5 do little to control 
health care costs and do more to undercut the rights of patients. The 
$250,000 cap and high standard of proof for punitive damages would 
severely weaken the deterrent effect that punitive damages have on 
egregious misconduct. Forever freezing the damage caps further weakens 
future deterrent effects while further reducing benefits to injured 
parties.
  According to the Institute of Medicine, approximately 98,000 people 
die each year in the United States from preventable medical errors. The 
best way to lessen healthcare costs associated with malpractice is to 
reduce incidents of malpractice, not bargain away the legal rights of 
injured patients and consumers. This bill does nothing to address 
patient safety, quality measurement, and care improvement strategies 
that could actually reduce costs.
  Mr. Chair, H.R. 5 will not do anything to lower the cost of health 
care. If the compensation for injured patients is not sufficient, 
American tax payers will be left to pick up the tab. I urge my 
colleagues to consider very carefully who will end up paying at the end 
of the day.

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