Congressman Burgess Reintroduces Medical Justice Act In 111th Congress - Says Medical Liability Must Be Part Of National Health Care Debate

Main Category: Litigation / Medical Malpractice
Also Included In: Regulatory Affairs / Drug Approvals;  Public Health
Article Date: 15 Mar 2009 - 1:00 PDT

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Congressman Michael Burgess, M.D. (R-Texas), has reintroduced the Medical Justice Act (HR 1468), which would improve patient access to doctors by putting an end to unnecessary lawsuits brought about by trial lawyers.

"Texas has led the nation in medical justice reform, and is now a model state for what successful tort reform looks like. Unfortunately, only a few states have followed suit, leaving too many Americans trapped in a system that is harmful to patients and doctors," Congressman Burgess said. "We need national, across-the-board change in the tort reform system, and my bill would do just that. Runaway lawsuits are unnecessary and costly, and reforming medical liability must be a part of the national health care debate."

The Medical Justice Act would regulate civil actions for an injury or death resulting from health care by, among other things, limiting the non-economic damages that an individual could recover. Medical litigation and soaring malpractice insurance premiums contribute significantly to the rising cost of health care in the US. Physicians are forced to practice defensive medicine in fear of being second-guessed by trial lawyers, which results in millions of dollars in unnecessary tests, procedures, and imaging. Furthermore, seasoned medical professionals are retiring early because staying in practice is no longer financially feasible, further contributing to our nation's doctor shortage.

"I commend Congressman Burgess for his persistence in pressing the tort reform debate," said Texas Gov. Rick Perry. "The citizens of our state have been reaping the benefits of reforms we instituted in 2003 in the form of greater access to healthcare provided by the 14,496 doctors who have begun or resumed practicing in Texas since then. Instituting such reforms across the country would literally transform the quality of healthcare throughout the United States."

"All Americans deserve to enjoy the benefits Texas has seen thanks to the eradication of our epidemic of health care lawsuit abuse," said Texas Medical Association President Josie R. Williams, MD. "Since our new law took effect, Texas has licensed 14,000 new physicians, including a record 3,621 in fiscal year 2008," Dr. Williams said. "This has been good medicine for the people of Texas, and Dr. Burgess' plan would apply this life-saving treatment to the rest of the country."

Texas has been largely successful at solving this problem, but other states lag far behind. Congressman Burgess' bill would enact, on a national level, the commonsense reforms Texas put in place in 2003, when the Texas legislature passed legislation to address sky-rocketing medical lawsuits and a declining pool of medical professionals. The results are documented reduction in liability insurance rates, reported growth in the number of doctors licensed each year, and increased charity care, among others.

Congressman Michael Burgess, M.D., is a member of the House Energy and Commerce Committee and three of its subcommittees: Health, Energy & Environment, and Oversight & Investigations. Congressman Burgess is also a member of the bipartisan, bicameral Joint Economic Committee. Prior to becoming a member of Congress in 2002, Congressman Burgess practiced medicine in North Texas for over 25 years.

http://burgess.house.gov