Austin American-Statesman - Medical Liability Reform Puts Our Doctors Back in Business

Austin American-Statesman (Texas)

September 14, 2004 Tuesday

HEADLINE: Medical liability reform puts our doctors back in business

BYLINE: John Cornyn, U.S. SENATOR FROM TEXAS

BODY:
One year ago Texas voters approved Proposition 12, paving the way for substantive medical liability reform to curb frivolous lawsuits and provide hope that quality health care will prevail over the interests of a handful of personal injury lawyers.

The people of Texas spoke, and now doctors across the state are re-opening their doors. In fact, two obstetricians in Fredericksburg announced their return with an advertisement in the local newspaper that proclaimed, "We're Back!" It's time for Congress to follow Texas and take action to provide a national solution for all Americans.

Three times in this Congress alone, Republican leadership brought meaningful medical liability reform legislation to the floor of the Senate-reform that President Bush is eager to sign into law. These bills would offer much-needed relief for health care systems in states that are in crisis due to rampant lawsuit abuse.

Unfortunately, the powerful trial lobby and their allies in Congress have continually blocked votes on the issue or even the opportunity to debate, leaving the American people with a broken civil justice system and little hope for a national solution.

Skyrocketing medical malpractice insurance premiums are driving doctors out of business and leaving Americans without access to quality health care. Between 2002 and 2003, malpractice insurance rates rose as much as 40 percent in some states, hitting specialty doctors the hardest.

More than one in seven obstetricians and gynecologists across the nation, for example, are leaving the profession. The entire obstetrics unit at Spring Branch Medical Center in Houston was forced to close just before an expected 2003 increase of 67 percent in the hospital's malpractice premiums.

Sadly, the effects of this mass exodus from the profession are felt most by the poorest members of our society, who are steadily losing access to health care. Today, more than half of the 254 counties in Texas are without a single OB/GYN.

Perhaps most disconcerting, however, is the trend of doctors engaging in defensive medical practices. According to the Department of Health and Human Services, a majority of doctors say they recommend invasive procedures and painful tests they consider unnecessary in hopes of avoiding lawsuit abuse. A good illustration is the rise in C-Sections performed by OB/GYNs from 6 percent in 1970 to more than 26 percent in 2003. Doctors cite fear of being sued as a primary rationale for performing a C-Section.

The fear of frivolous lawsuits is well-grounded. In one survey conducted by the American College of Obstetrics and Gynecology, 76 percent of its fellows reported being sued. With more than three out of four OB/GYNs facing allegations of malpractice, it is no surprise that so many are leaving the profession.

There is hope. A recent study conducted by the Rand Institute found that California's 1975 liability reform initiative reduced defendants' liabilities by 30 percent and plaintiff attorneys' fees by 60 percent. The result in California has been insurance rates that have risen two thirds less than the rest of the nation. And in Texas, where reform has been in place for only one year, the results are similarly encouraging.

The largest insurer in the state, TMLT, reduced its premiums by 12 percent, and a Texas Hospital Association survey shows a 17 percent reduction across the board. This reaction is a direct result of a 70 percent reduction in lawsuits against hospitals since last summer.

The best news is that doctors are responding. In Austin, 16 new obstetricians have started practices in the last year, reversing a trend over the previous 2 ½ years, when Austin lost 16 obstetricians.

Justice requires that we embrace national medical liability reform as soon as possible to protect access both to the courts and to our hospitals. As a matter of principle, those who have been wrongly injured deserve their day in court. If a doctor is negligent, he or she should be held fully accountable. But we must take care not to destroy our health care system in the process. We must ensure that all Americans have unfettered access to quality and affordable health care.

The American people have the opportunity to take back our civil justice and health care systems from the clutches of personal injury lawyers. The choice is clear. Medical liability reform is the answer, and Congress must enact it as soon as possible.

Cornyn is a member of the Senate Republican task force on health care costs and the uninsured.