Senate discussion for OB liability!! READ...

[admin]

Hello all!

I received this email today from a co-worker re: a new bill that is scheduled to be discussed April 12, 2004. Please read and act!!!! I work for several ED physicians, so this email was supposed to be favorable... Believe me I have already replied to this and we must all email and fax those senators TODAY!!!!

*** BILL LIMITING LIABILITY FOR ED DOCTORS INTRODUCED ***



S.2207, the ''Pregnancy and Trauma Care Access Protection Act of 2004'', was
introduced in the Senate on March 12, 2004. This legislation sponsored by
Senators Gregg Judd (R-NH) and John Ensign (R-NV) allows for unlimited
economic recoveries, but caps non-economic damages in cases at $250,000.
S.2207 stipulates that punitive damages may not exceed an amount equal to
double the amount of economic damages, or $250,000, whichever is greater.
The bill places federal caps on damages awarded in lawsuits connected to
"the provision of obstetrical or gynecological services, or emergency or
trauma care services." Provisions of the bill include caps on lawyers'
contingency fees, time limits on the filing of malpractice claims, and
requirements for the courts to reduce any damage award by the amount of any
collateral source benefits received by the claimant.

Senate Majority Leader Bill Frist (R-TN) plans to bring the bill to the
floor for discussion before the Senate recess begins on April 12, 2004.

ACTION REQUIRED:

FAX, CALL, or E-MAIL your Senators TODAY to urge passage of S.2207.
PERSONALIZE YOUR LETTER BY TELLING HIM/HER WHAT THIS BILL MEANS TO YOU, YOUR
PATIENTS, AND THE FACILITY IN WHICH YOU WORK.

[admin]

bumping up

I sometimes struggle with the fact that we can get 50 responses to a post on how much weight we gained but whenever posts like these come up they often get 0 responses. Can any of you help me understand why that is? Do we feel paralyzed in our ability to make a difference by taking action? Do we not realize just how important becoming involved in these matters are? Are we just too darn exhausted having to deal with these injuries and take care of our children that we just think we can't do it? Do we not have the confidence or knowledge of how to do it? Do we think our voices can't make a difference for our children and future children?

I am not upset at anyone. I am in the same exact shoes as all of you. I sometimes just feel alone and saddened that more is not being done. I think I need to gain a better understanding of why that is and how we can spend so much time talking about our children, the pain, suffering, loss, our depression, etc., etc., yet we often don't even take a few minute to respond to such posts or write a letter. What do you guys think?

[admin]

Maybe it's just me but sometimes I need to have things in plain english for me to completely understand it.

[DianeT]

Hi! I thought about responding, but I didn't today for two reasosns; I am new posting here and I am having a bad day with my hand. I like your spirit though. Too often we are complacent.

My read on that bill is that it should be opposed, not supported. Why should obstetrics and damages associated with the traumas of this nature, or even severe traumas of any nature be limited by the legislature? Isn't that for a judge and/or jury to decide?

It was filed by Republicans who might have been influenced by the AMA. Put a money cap on EVERY type of suit filed dealing with damages if they want to be equitable.

' Just my thoughts ...

[Matt's Dad]

Guest,

I think you somewhat summarized what people may be thinking. People don't want to be bothered with this type of stuff because it is political. That is each person's choice.
As for me, I have been actively following these proceedings and bills. I am a Republican myself, however disagree with this type of legislature for one reason only. Caps have no effect on medical malpractice insurance for doctors. Malpractice insurance rates have grown at a much higher percentage than malpractice suits. A bill introducing caps would be another piece of useless legislature. If the government wants to have reform for any group, it should be the insurance companies issuing these rates.

[admin]

Matt's Dad,

I agree that insurance companies issuing these rates should be addressed. However, I tend to think that caps can have an effect on med mal for doctors, and certainly for the victims. The lower that they are able to get caps, just like the growing tend in bare insurance that you will see, money will get more and more limited, therefore I foresee lawyers will take fewer and fewer cases, thus doctors will be at a clear advantage. These are not stupid people. They are bright and they are organized. I would bet they are well aware of how all this plays out in their favor in cases and the public opinion now formed from all the attention they have drawn. They want to get out of suits and they already do a fine job since many of my friends cannot even find lawyers willing to take their cases. If lawyers can't be certain they will most likely receive lots of money then they will not take the case. As caps and bare insurance increase, I would bet you will see lawyers taking even less bpi and other birth trauma cases. Lastly, I hear you about the bother and I agree it can be, but the biggest bother is this injury that should have never happened. I would gladly be bothered a little now and then for something as important as this. I guess one question is, do you think the bother is worth it when you can help other children out there?