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April 19, 2005
Contact: Carlton Carl
202-965-3500 x369
Statement of Todd A. Smith
President, Association of Trial Lawyers of America
Santorum Over-Estimates Trial Lawyer Influence on Medical Malpractice
Bill, Makes Up Facts About Health Care Costs
Proposal will fail on its own flaws
"In a Friday BNA article, Senator Rick Santorum said trial lawyers
"almost exclusively" are responsible for the failure of
medical malpractice legislation in the Senate. He admitted, "We
will have a very, very hard time trying to pass this bill in its current
form."
"He’s right that the bill won’t pass, but he’s
wrong about the reason.
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The malpractice bill will fail because a bipartisan majority
of the Senate isn’t comfortable with a law that says the
life of no child, no spouse, no parent is worth more than $250,000.
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A bipartisan majority of the Senate refuses to pass a law that
is advertised as about frivolous suits but actually limits the
rights of all victims, no matter how serious the injury or how
bad the negligence by the doctor, drug maker, or nursing home.
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A bipartisan majority of the Senate knows their constituents
don’t support a bill that—in the name of doctors—gives
immunities and protections from lawsuits to insurance companies,
HMOs, negligent nursing homes, and the manufacturers of deadly
drugs like Vioxx.
"Sen. Santorum was also reported as saying rising health care
costs are being driven by "a runaway system of litigation."
"He’s wrong again, which the Congressional Budget Office
would tell him if he’d wander down the hall and ask. They’ve
written that malpractice costs make up “less than 2 percent of
overall health care spending.” The CBO concluded that “even
a reduction of 25 percent to 30 percent in malpractice costs would
lower health care costs by only about 0.4 percent to 0.5 percent,
and the likely effect on health insurance premiums would be comparably
small.”1
"Malpractice claims fell 9% last year.2 Nevertheless,
insurance companies continue to raise rates for doctors and patients
alike while making record profits—more evidence that the solution
is insurance reform.
"For Senator Santorum and others to demagogue about malpractice
claims while very real problems with health care go unaddressed is
shameful."
- “Limiting Tort Liability for Medical Malpractice” CBO
1/08/04
- 2. “Behind Those Medical Malpractice Rates” New York
Times 2/22/05
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