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The
American College of Cardiology (ACC) is calling on its members
to contact their U.S. Senators to help secure passage of important
medical liability reform legislation. The Senate is poised
to bring a bill to the floor, but grassroots pressure is needed
now to ensure 60 votes—the number needed to prevent a
filibuster and win passage.
While
developments concerning the war with Iraq have delayed consideration
of the legislation, the Senate Republican leadership is urging
physician organizations to continue their grassroots efforts.
Senators
must hear from their physician constituents in support of
medical liability reform legislation.
If
you are a constituent of one of the following senators, it
is especially important that you take the time to contact
them in support of medical liability reform as soon as possible:
Bingaman
(NM), Corzine (NJ), Lautenberg (NJ), Murray
(Wash.), Carper (Del.), Landrieu (La.),
Lieberman (Conn.), Pryor (Ark.), Wyden (Ore.),
Graham (Fla.), Shelby (Ala.), Allen (Va.),
Crapo (Idaho), Specter (Pa.), DeWine (Ohio),
Cochran (Miss.), Bill Nelson (Fla.) and Kohl
(Wisc.)
These
senators are known to be either undecided or leaning against
medical liability reform. Collective grassroots pressure could
tilt the balance in favor of reform. Please note: If you
senator is not listed, it is still critical that he or she
hear from you.
Talking
Points/Overview
Concerns over the medical liability system have been brewing
for years and now rising premiums have reached crisis levels
in many states. An alarming number of insurers have left the
medical liability market, resulting in rising liability premiums
for medical specialties not typically associated with high
risk, including cardiology. High medical liability premiums
in some states have forced physicians to limit their services,
retire early, or relocate to a state where liability premiums
are more stable.
The
ACC supports medical liability reform legislation that would
impose:
- A
$250,000 cap on noneconomic damages;
- Requirement
of advance notice of payments already received by the plaintiff,
thus preventing double payment for the same expense;
- Periodic
payment of future damages over $50,000;
- Limitations
on plaintiff attorney contingency fees;
- Limitations
on punitive damages;
- "Fair
share" rule, thus ensuring that the amount of damages
allocated will be in direct proportion with the defendant's
responsibility;
- A
requirement for claims to be brought within three years
of the date of injury; and
- Protection
of state caps on noneconomic damages.
Please
call, e-mail or fax your senator today and ask him or her
to VOTE YES on medical liability reform when it comes
to the Senate floor. If applicable, tell your senator
how rising medical liability premiums in your state are affecting
your practice and patient access to quality health care.
You
can contact your senator by calling 1-800-335-4860. Your passcode
is 2273. The operator will then connect you to your senator's
office. Or e-mail your senators via the ACC's Web site at
www.acc.org. Click on the "Take
Action Now" icon.
More
information about this issue can be found in the Medical
Liability Reform Resource Center on the ACC Web site,
or contact Camille Sorosiak in the ACC Advocacy Division at
csorosia@acc.org or
(800) 435-9203.
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