    [Public Papers of the Presidents of the United States: George H. W. Bush (1991, Book I)]
    [May 15, 1991]
    [Page 513]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress Transmitting the Health Care Liability Reform
    and Quality of Care Improvement Act of 1991

    May 15, 1991

    To the Congress of the United States:
        I am pleased to submit for your consideration and enactment the
    ``Health Care Liability Reform and Quality of Care Improvement Act of
    1991.''
        This legislative proposal would assist in stemming the rising costs
    of health care caused by medical professional liability. During recent
    years, the costs of defensive medical practice and of litigation related
    to health care disputes have skyrocketed. As a result, the access to
    quality care for significant portions of the population has been
    threatened.
        The bill would encourage States to adopt within 3 years quality
    assurance measures, tort reforms, and alternative dispute resolution
    mechanisms. A pool of funds would be available to States and hospitals
    in those States that implement these reforms. The quality assurance
    measures require effective actions to improve quality and reduce the
    incidence of negligence. The tort reforms would include: (1) a
    reasonable cap on noneconomic damages; (2) the elimination of joint and
    several liability for those damages; (3) prohibiting double recoveries
    by plaintiffs; and (4) permitting health care providers to pay damages
    for future costs periodically rather than in a lump sum. Most of these
    provisions would be made specifically applicable to actions arising
    under the Federal Tort Claims Act.
        I urge the prompt and favorable consideration of this proposal,
    which would complement initiatives the Administration will undertake
    concerned with malpractice and quality of care.

                                                                 George Bush

    The White House,
    May 15, 1991.