[Congressional Record (Bound Edition), Volume 149 (2003), Part 5]
[House]
[Pages 6122-6123]
[From the U.S. Government Publishing Office, www.gpo.gov]




                             SUPPORT H.R. 5

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Hensarling) is recognized for 5 minutes.
  Mr. HENSARLING. Madam Speaker, today I rise to commend the House on 
the passage of H.R. 5 and to encourage the other body to immediately 
take up meaningful medical liability reform, the lack of which 
constitutes the number one health care problem in America today.
  Doctors are being driven out of their practices by staggering medical 
liability insurance premiums, a direct result of the incredible 
increase in medical liability lawsuits and the mind-boggling sums of 
money paid in jury awards and settlements, much of which ends up in the 
pockets of personal injury trial attorneys.
  In the last 10 years in Texas, my home State, we have seen a 500 
percent increase in medical liability awards. But the money is not 
going to the injured. Studies show that 57 percent of medical 
malpractice premiums go towards attorneys' fees. Frivolous lawsuits 
have caused professional liability premiums to jump anywhere from 50 
percent to 200 percent in Texas, and the amazing fact is that most of 
these suits are frivolous. In fact, more than three out of four 
liability claims against Texas doctors are simply dismissed, dismissed 
for no merit. Yet, in all cases, doctors are forced to spend tens of 
thousands of dollars to defend themselves.
  Because of the skyrocketing cost of insurance, many physicians are 
simply closing their doors, moving away from high-risk specialties, 
refusing to perform certain medical procedures or, frankly, taking 
early retirement. For example, in Mexia, Texas, in my district, the 
regional hospital had four family practitioners 1 year ago. But because 
of the increased costs of their liability insurance, three doctors are 
now lost. This will leave the hospital with only one OB-GYN in a 
service area of 70,000 people.
  Madam Speaker, this is unacceptable. In this same town in my 
district, another practitioner closed her clinic and ended up filing 
bankruptcy, principally due to the skyrocketing cost of liability 
insurance.
  Madam Speaker, I fear without meaningful reform we will lose the best 
and brightest. They will avoid or exit the medical profession 
altogether, and where are we going to be 10 years from now if we do not 
have enough quality doctors to serve our patients?
  I know personally how important it is to have the best and brightest 
practicing medicine. One year ago, our first child was born, a daughter 
we named Claire Suzanne; and I honestly believe she is the most 
beautiful baby in the world. But there was a point last year when I was 
not certain she would be

[[Page 6123]]

with us, because after almost 12 hours of labor, at 4:30 a.m. in the 
morning, our baby was in a transverse arrest, apparently undeliverable. 
Losing her heartbeat with every contraction of my wife, the atmosphere 
in the delivery room turned very serious. Fortunately, due to a greatly 
skilled OB-GYN, an immediate C-section was performed in time to save 
our precious child's life. I do not want to contemplate what might have 
happened to my child or what could happen to someone else's child if 
the best and brightest are no longer there to practice medicine and 
save lives.
  There are further problems, Madam Speaker. Doctors are being forced 
to practice defensive medicine just to protect themselves from being 
sued, ordering extra tests, invasive procedures and medications that 
they do not believe are medically necessary. Hospitals, doctors, and 
nurses are reluctant to provide care, even in emergency situations, 
because they live in fear of lawsuits. As one of my House colleagues 
recently noted, ``Something is wrong with the system when it is easier 
to sue a doctor than it is to see one.''

                              {time}  1630

  Madam Speaker, we know that there are 40 million people in this 
country without health insurance. Most simply cannot afford it. But for 
every 1 percent increase in individual health care premiums, 300,000 
people nationwide are forced to go without medical insurance.
  Madam Speaker, the answer to a medical tragedy or a grossly negligent 
medical act is not to pay personal injury trial lawyers millions of 
dollars, it is not to drive up the costs of health care for the rest of 
us, it is not to add more Americans to the ranks of the uninsured. The 
simple answer is to pull the license of the grossly negligent 
physician.
  Madam Speaker, medical liability reform as we passed today will lower 
cost, improve quality, and provide more access to health care for all 
Americans.

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