Dingell Tells GOP To Stop Serving The Interests Of Medical Malpractice Insurance Companies

Statement

Today, Congressman John D. Dingell (D-MI15) made the following opening statement for the record at the House Committee on Energy and Commerce Subcommittee on Health hearing on "The Cost of the Medical Liability System Proposals for Reform, including H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011:"

"Mr. Chairman, I thank you for holding today's hearing on a topic I find to be very important. We have heard President Obama, from Members on both sides of the aisle, doctors and patients alike, as well as other stakeholders that medical malpractice reform should be part of a broader discussion on our health system.

"But like every other piece of legislation we have seen from the Majority --H.R. 5 is a flawed attempt at medical malpractice reform in the extreme. It provides special protections to drug and medical device companies, broadly preempts state laws designed to protect consumers and patients, limits the time period under which an injured patients can file a claim, and caps non-economic damages to $250,000.

"I have long believed that the process of good legislating should begin in the middle, which is why I believe we can and we must find a third way solution.

"The Department of Health and Human Services has launched the Patient Safety and Medical Liability initiative to increase patient safety, foster better communication between physicians and patients, and reduce liability premiums. In June 2010 this initiative made $25 million available for both planning and demonstration grants to research and test models for patient safety and medical liability reform. I applaud this initial step because I believe strongly that there is a lot we can learn from institutions across the country who have decided to lead the way in medical liability reform.

"I know that institutions can help lead the way from the good work of one of my own constituents - The University of Michigan Health Care system. From 1996 to 2006, the University of Michigan Health Care system saw malpractice claims reduced by 55 percent as a result of their policy of full disclosure and compensation for medical claims. U of M also saw a 61 percent decrease in legal defense costs. This common sense policy has not only had proven results, but it has encouraged and developed a change in the culture at U of M that puts honesty and patient safety first.

"While I look forward to seeing the results of these demonstration projects, I believe that we should use today's hearing not as a forum to promote H.R. 5's flawed medical malpractice reform, but rather as an opportunity to explore ways to work together in a bipartisan manner towards careful, balanced and targeted legislation that will serve the interests of both physicians and their patients, not medical malpractice insurance companies.

"I hope that today's dialogue can continue and that my friends on the other side of the aisle will work with me to achieve this goal."

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