McCarthy Statement on Passage of Medical Malpractice Legislation

Statement

McCarthy Statement on Passage of Medical Malpractice Legislation

Today I voted against HR 5, legislation imposing federal standards on medical malpractice lawsuits, currently regulated by the states.

This bill will impose a $250,000 cap on non-economic damages in any health care lawsuit. I oppose unreasonable caps on damages because those hurt the most by negligence are penalized. The worse a defendant's affliction, the less sufficient the $250,000 maximum award will be for the victim.

Studies indicate the median medical malpractice award is $500,000 to $1,000,000 and the median out of court settlement is nearly $500,000. Both of these figures are well beneath the cap imposed by this legislation.

The legislation would also cap punitive damages to $250,000 or two times the amount of "economic" damages awarded, whatever is the greater amount.
Punitive damages are essential to fill the gaps criminal law leaves open and contrary to popular belief, punitive damages are rarely excessive and almost always reduced by judges. In addition, punitive damages are an important tool to deter negligence and criminal conduct.

Throughout our history, we have had confidence in our judges and juries to make the right choices when it comes to personal injury lawsuits. This bill will strip the courts and juries of their power for determining consequences for negligence.

Are there frivolous lawsuits being filed? Of course. But this legislation does nothing to prevent these lawsuits from being filed and settled. This bill only hurts defendants with legitimate claims.

It is time for Congress to pass meaningful legislation to reduce the frivolous lawsuits clogging our court system. Unfortunately, HR 5 is the wrong bill for this task.

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