United Brachial Plexus Network, Inc.

I sent a letter to Sen. Dole several weeks ago. I expressed to her that while I supported malpractice reform, the current solution will only benefit doctors.

Here is her response:

Dear Mr. Ward:

Thank you so much for taking time to write to me about medical malpractice reform. Receiving your ideas and concerns is so important in order for me to represent you, and our state, to the best of my ability in the United States Senate.

I want to ensure that every family in North Carolina has access to affordable, quality health care. In order to alleviate increasing cost of healthcare, it is clear that we need to reform the present system. I
strongly support capping non-economic damages and punitive damages at $250,000 and reducing the excessive awards that have put a serious drain on the system.

Reforming medical malpractice litigation would allow the victims of real malpractice to recover full economic damages, such as past and future medical expenses, loss of past and future earnings, and cost of domestic services, while also lowering health care costs, increasing access to health care services, and ensuring affordable liability insurance for doctors.

In North Carolina, the number of medical malpractice lawsuits filed has increased 18 percent in the past five years. Hospitals in the Charlotte area are currently facing liability insurance premium increases of up to 400 percent. Several physician insurance companies have exited the North Carolina and have left physicians and hospitals with fewer options for coverage. Premium increases have resulted in the dramatic escalation of health care costs, which subsequently have forced many employers to either
increase co-payments or drop coverage altogether. The result has been that many North Carolinians have been left without access to the health care they so desperately need.

Nationally, medical liability costs add between $60 billion and $110 billion to health care costs each year. Many of our highly qualified and dedicated medical professionals have left North Carolina, choosing instead to relocate their practices to other states that offer some medical malpractice relief. Doctors in many states cannot afford the liability coverage they need in order to see patients or even volunteer free clinical services. In addition, doctors are being forced to choose their practice area based on the affordability of insurance premiums, leaving many fields such as OB-GYN, emergency and trauma care, and neurosurgery with critical doctor shortages.

I assure you that I will continue to work to create a health care system that best serves our State and our Nation. Medical malpractice reform will benefit health care recipients and providers alike by both reducing cost and increasing accessibility. This will help provide North Carolinians with access to health care services they so vitally need and deserve.

Thank you again for taking the time to share your ideas and concerns. If I can be of further assistance, please do not hesitate to contact me.

With my warmest best wishes,
Elizabeth Dole


Needless to say I was not very impressed. Here was my response back:

Dear Sen. Dole:

I appreciate that you took the time to respond to my concerns over medicalmalpractice reform. Unfortunately, your response did little address those
concerns. I find it completely unfair to support capping claims without also requiring the AMA and state medical boards to prevent and punish malpractice. This is a one-sided position that only helps doctors and insurance companies. My daughter will never be able to obtain health insurance on her own. How much is that worth to her.

Given your position on this issue, I feel that I can no longer support you for the US Senate. In the future, I will work towards your defeat in the Senate. In addition, counter to my historical record, I will no longer support any Republican for any legislature if they hold the same position.
Finally, I will be forwarding your response to the NC Brachial Plexus Injury Association. I believe it is important for them to be aware of your position as well.

Unfortunately, I suspect it will not be until a loved one is injured by a negligent doctor that you, and other Republicans, will see my side.

Sincerely,

Clint Ward

I find her response very interesting, especially since her husband, Bob Dole, suffered a BPI during his time in the war.

I have written my state representatives for months now, and usually get the same response. Texas just passed the med mal cap at $250,000, with the intentions of lowering the costs of malpractice insurance for the physicians. Perhaps it's too soon to see an improvement, but the research has shown that capping non-economic damages will do little to lower these premiums.

In 1998, California passed Proposition 103 that limited the non-economic damages in med mal cases. Last year, The Foundation for Taxpayer and Consumer Rights put out a report outlining why this did nothing to lower malpractice insurance. In fact, the former Governor of California, Jerry Brown, said he would not recommend a nation wide implementation of these caps. The complete report is at http://www.consumerwatchdog.org/healthc ... 003103.pdf if you're interested.

Cherie

Don't you love getting form letters from your congress critter.

Some one correct me if I am wrong. Doesn't lost wages and all that only cover the child, not the parents who have to take off work for doctor and therapy visits. And doesn't it have to be established what the wages are, since our children are injured at birth most "good" lawyers can totally get around that issue because there is nothing established on what an infant may or may not earn?

Clint,

Sounds like she gave the usual party line on this matter. I do not support the republican solution to this matter, as I agree with you that it is inordinately kind to the AMA and the physicians lobby.

I don't think any of us will get anywhere if we continue to address the malpractice issue alone. I think what we must do is make them focus on the BPI issue, and show them that if they will concentrate on that issue, it will benefit doctors, taxpayers AND victims with open discussion on this injury. We must educate these politicians on this injury, and then position attention to this injury as a solution to the monetary issues that relate to the so-called "malpractice" crisis, which in my opinion, is a manufactured issue, politically motivated, and nothing more. I would craft a letter to her urging her to focus on this injury, and see if they have any heart left in them, or if that too has been stripped away by the money and lack of ethics in Washington.

I gotta tell ya, there must be a politician who likes to champion children's causes, and I don't care what side of the aisle they are on - I'm a fairly conservative individual, and I'd work with Hillary Clinton if she'd take up this cause. It's all about my son, and the victims of BPI for me now. Whomever will work with us, I don't care who they are, as long as they fly the flag for us and get some attention to this tragedy.

Keep the faith!!

John Anthony Ferrado