Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2005

HELP EFFICIENT, ACCESSIBLE, LOW-COST, TIMELY HEALTHCARE (HEALTH) ACT OF 2005 -- (House of Representatives - July 28, 2005)

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Mr. AL GREEN of Texas. Mr. Speaker, I want to express my concern regarding the passage of H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2005 also known as the medical malpractice bill. Although some believe that "reforming" medical malpractice litigation will ultimately serve as a solution for skyrocketing healthcare premiums, it is my belief that this legislation is both misguided and harmful to the American people.

One of the most contentious provisions within H.R. 5 is a $250,000 cap on awards for non-economic damages. Placing such a cap allows corporations the opportunity to build into their bottom line a certain amount of liability. Currently, we have a judicial system that creates a fine balance between free corporate enterprise viability and consumer protection. The medical malpractice bill will disrupt this equilibrium in the name of reducing "frivolous" lawsuits without taking into account the implications for those making legitimate claims. This bill has the potential to reduce the incentive for corporations to remedy defective products,and instead may allow those entities to easily assume the loss incurred by ultimately accounting for the cost liability, a sum inevitably less than their sometimes lucrative profits.

I respect the efforts of all of my colleagues to address the concerns of their constituencies. However, I would be remiss in that duty if I did not oppose legislation that erodes consumer protection and the ability of the courts to determine appropriate punitive measures for negligent defendants.

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