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Medical Liability Bills Fail in Senate
Two medical liability bills failed in the Senate on May 8. Neither the
Medical Care Access Protection Act of 2006 (S. 22,) or the Healthy Mothers
and Healthy Babies Access to Care Act (S. 23) achieved the 60 votes
necessary for a procedural green light to end debate and bring the bills to
the Senate floor for a vote.
S. 22, introduced by Senator John Ensign (R-NV), would help address the
medical liability crisis facing pathologists and other physicians that
threaten patient access to affordable health care. It includes a $750,000
limit on non-economic damages that includes a $250,000 limit for providers.
S. 23, introduced by Rick Santorum (R-PA), is a similar bill but specific to
obstetricians and gynecologists.
The cost of litigation has resulted in higher and often unaffordable medical
liability premiums, which has forced pathologists and other physicians to
retire early, cease performing high-risk procedures or move to states that
have fair and balanced medical liability laws. This has resulted in an
access to healthcare crisis in 21 states, according to the American Medical
Association.
The College called on its grassroots network, PathNet, to send letters of
support for both bills. In addition, College President Thomas M. Sodeman,
MD, FCAP, sent letters to key Senators on behalf of the College.