[Congressional Record (Bound Edition), Volume 150 (2004), Part 5]
[Senate]
[Page 6821]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    MEDICAL MALPRACTICE CLOTURE VOTE

  Mr. BYRD. Mr. President, yesterday, for the third time in this 
Congress, the Senate failed to invoke cloture on the motion to proceed 
to a one-sided, take-it-or-leave-it medical malpractice bill.
  Last year, the majority leader tried to bring up a comprehensive 
bill. The Senate did not invoke cloture. Rather than sit down with the 
other side to craft a reasonable bill that could be brought up, 
debated, and amended, the majority leader took the same flawed bill, 
applied it to only one sector of the health industry, and attempted to 
bring it up again, just a few weeks ago.
  At that time, I voted for cloture, not because I agreed with the 
underlying legislation, but because I had hoped for a legitimate 
debate, a serious look at the issues that are part of the growing 
medical malpractice crisis. I recognize that there are serious problems 
with medical malpractice in this country, and specifically with the 
availability of OB/GYN services in my home State of West Virginia. I 
voted to end debate on the motion to proceed to that bill. But, again, 
cloture was not invoked.
  After two unsuccessful cloture votes, one would think that, if they 
truly wanted to pass legislation on this important issue, the 
Republican leadership would sit down with their Democratic colleagues 
and negotiate a bill that was less partisan. But there has been no such 
effort. Instead, the majority continues to add physician groups here 
and there, trying to rack up more political points. This is not a 
serious effort to address a real challenge. This series of votes is not 
designed to advance legislation. Instead, this is choreographed 
political theater, played for the benefit of core supporters of the 
Republican party. This is not a successful strategy for advancing 
legislation, or for solving serious problems facing our Nation, and I 
can not lend my support to this charade.
  I do hope that the Senate can reach a consensus on this issue. 
Doctors and, most importantly, patients need stability in this system 
and the peace of mind that comes with a reliable, high-quality health 
care system.

                          ____________________