URGENT: Oppose Bill That Targets Injured Women

[MaineDem]

S. 2061, the So-Called 'Healthy Mothers and Healthy Babies Access to Care Act'

Action Needed:

Please call or send an email to your senators immediately to oppose a fast-moving bill, S. 2061, that places severe restrictions on a woman's ability to sue when she has been injured through medical malpractice or negligence in "the provision of obstetrical or gynecological good or services." A vote is expected on Tuesday, Feb. 24, so please send the message to your senator.

Background:

S. 2061, deceptively titled the "Healthy Mothers and Healthy Babies Access to Care Act" (its true meaning being entirely the opposite), is yet another effort to limit the rights of individuals to seek compensation when they have been harmed. Republicans are railroading this bill through Congress with no hearings and it will be put to a floor vote before senators even have a chance to review it. This is the same tactic that Republicans have used to pass some of their most regressive legislation; for instance, the conference version of the horrible Medicare and prescription drug bill was not seen until 24 hours prior to a final vote.

S. 2061 would place an arbitrary limit – $250,000 - on non-economic damages (which compensate for injuries such as a loss of fertility, constant pain, permanent disfigurement, scarring and other trauma). These non-economic damages generally make up a larger share of women's settlements in lawsuits because women's economic losses are lower due to pay inequity. Additionally, a statute of limitations would place a severe and unrealistic deadline in which a woman has to file suit. There are also serious restrictions placed on the type of expert witnesses that can be used in lawsuits; only physicians would be able to testify against other physicians, and experts in one health care field could not testify against practitioners in other fields.

The bill eliminates joint liability for all damages and would mean that injured mothers and babies would be undercompensated whenever one or more defendants are unable to pay their share. This provision would overturn many state laws, based on centuries of common law jurisprudence, that place the burden of an insolvent defendant on other negligent parties instead of shortchanging the innocent victim.

Proponents of this bad bill say that it is needed to control the high costs of malpractice insurance, but in fact, increasing malpractice insurance rates are due to a drop in investment income for insurers combined with an under-pricing in prior years. These findings were made by the Wall Street Journal after an investigation in 2002. Again, greed is at the core of the problem.

Expert analysts say that legislation blocking injured patients' access to the courts or limiting their compensation has never lowered insurance costs or rates, and never will. The only way to solve the problem is to reform the business and accounting practices of the insurance industry.

If this bill passes and is signed into law, women – and their children – will pay the price. S. 2061 must be stopped!

Please send the message to your senators and urge them to oppose this dangerous bill that would result in greater harm to women and children injured by improper medical procedures, defective medical devices and drugs.

(From NOW email)

[Ilsa]

1. I'm hoping more women will also start using midwives

for their OB care. Midwives have better statistical outcomes (all over other industrial societies).

We're already screwed on this in TX. I have two repuke senators, but I'll let them know that we need better board review of doctors who screw up, not this.