[Congressional Record (Bound Edition), Volume 151 (2005), Part 5]
[Senate]
[Page 6765]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          MEDICAL MALPRACTICE

  Mr. GRASSLEY. Mr. President, one of my constituents, James W. Carney, 
an attorney practicing in Des Moines, IA, recently requested that I 
bring to the attention of my colleagues in the Senate some aspects of 
the medical malpractice situation in Iowa he believes should be more 
widely known. I ask unanimous consent that his March 30 letter to me, 
and his e-mail to John Whitaker, a Representative in the Iowa State 
House of Representatives, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  Carney, Appleby,


                                    Kielsen & Skinner, P.L.C.,

                                   Des Moines, IA, March 30, 2005.
     Re medical malpractice reform.

     Senator Charles Grassley,
     Federal Building,
     Des Moines, IA.
       Dear Senator Grassley: I was just listening to WHO and 
     heard your comment that if we had medical malpractice reform 
     we wouldn't have to perform all the tests that are unneeded. 
     As a supporter of yours going back to the days when you were 
     in the Iowa Capitol, I cry foul. I am attaching an email 
     which we sent to all members of the Iowa Legislature.
       I would request that you make known to the US Senate the 
     true facts of what is going out in real Iowa--real America.
       Malpractice cases are down 29.6% over the last three years. 
     Civil filings are down in the state of Iowa. Civil jury 
     trials are down in the state of Iowa. There were only 22 
     malpractice cases tried in the entire state of Iowa last 
     year. Verdicts are down.
       Meanwhile, guess what? Our physicians are having their 
     malpractice premiums increased by 10, 15 and 20%. It is 
     ridiculous to blame lawyers.
       Doctors perform tests because they believe it is the best 
     patient care and the tests are necessary. I have yet to talk 
     to a doctor who is willing to admit that the only reason they 
     perform a test is because they fear they are going to be sued 
     or it might be malpractice. Doctors perform tests because 
     their patients deserve the best medical care they can give 
     them. I believe they are motivated from an altruistic point 
     of view and they truly care about their patients. I have 
     heard it said many times that it might also be in their best 
     financial interest to order tests, as they obviously get paid 
     for the services. Blaming Iowa lawyers for unnecessary 
     medical tests is like blaming a farmer for drought or floods. 
     I am attaching the civil filing statistics from the Supreme 
     Court of the State of Iowa. I hope these come in handy for 
     your reference the next time you are asked about malpractice. 
     You have always been a very no-nonsense guy and a person 
     driven by the facts. These are the facts. As my mentor, Mr. 
     Jones, used to say ``end of report''.
       Thank you for your good service in the US Senate, but I 
     sure hope this information may help you on the issue of 
     medical malpractice. In my home town of Centerville, I can 
     assure you the number one issue for doctors is Medicaid-
     Medicare reimbursement--not malpractice. The second major 
     issue for them is lifestyle and the fact that they have very 
     few nights and/or weekends off. The third issue is culture 
     and/or the lack of such. Way down the list malpractice, 
     because there has never even been a malpractice case filed in 
     approximately half the counties in Iowa.
           Sincerely yours,
     James W. Carney.
                                  ____

       Although you hear all types of stories about lawsuits and 
     anecdotal stories about litigation, you should know what the 
     facts are here in Iowa. It is the farthest thing from the 
     truth to argue that Iowa is a litigious state. Consider the 
     following:
       Fact 1: Medical malpractice lawsuits are down 29.6% over 
     the last three years.
       Fact 2: According to the National Association of Insurance 
     Commissioners own reporting, Iowa has one of the lowest loss 
     experiences in the United States. Medical malpractice 
     insurance companies collected over $60 million in premiums 
     from Iowa physicians and paid out $41 million for direct 
     losses, defense and cost containment expenses. The Iowa loss 
     ratio is 67.64%, one of the lowest in the country.
       Fact 3: Independent rating services substantiate that 
     capping recoveries will not have any effect on insurance 
     premiums or the availability of insurance.
       Fact 4: Iowa has already adopted significant tort reform 
     measures, and because of this, is rated as having one of the 
     most reasonable and fair litigation systems in the United 
     States by the U.S. Chamber of Commerce.
       Iowa's civil justice system, conservative jurors and low 
     verdicts are not the cause of high insurance rates for Iowa 
     physicians. Caps on non-economic damages will not do anything 
     to help Iowa physicians obtain lower insurance premiums. Caps 
     will hurt innocent Iowa citizens who, through no fault of 
     their own, have been severely injured. Should not 
     professionals who cause injuries to innocent patients be 
     responsible for their negligent conduct?

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