Tort Reform Falls Short in Senate – DMLR Campaign Presses Forward

The talk on Capitol Hill is that the House of Representatives may take up this issue again sometime this summer and the Senate may revisit medical liability reform before the November campaign season gets into full swing.

A minority of U.S. senators used procedural devices to prevent two medical liability reform bills from reaching the Senate floor for an up or down vote on May 8.

First, the Medical Care Access Protection Act of 2006, S. 22, was effectively blocked when its supporters were unable to gain the necessary 60 votes to break a Democrat-led filibuster. The MCAP is modeled after recent Texas reform legislation and includes, among other things, a $250,000 cap on noneconomic damages against physicians, limits on attorneys’ fees, and expert witness reforms. The motion to proceed (required before action on the underlying bill could be considered) on S. 22 was defeated by a vote of 48 to 42. All Democrats who voted, joined by three Republicans, opposed the measure. Regrettably, 10 senators were not present, among them four senators who had previously supported reform legislation.

Immediately following the first vote, the Senate considered a motion to proceed to debate the Healthy Mothers and Healthy Babies Access to Care Act, S. 23, which applies the same reform provisions as S. 22, but for obstetrics and gynecological services only. This motion also failed, but by a vote of 49 to 44 with seven not present. Of the three additional senators voting, one was a Republican and two were Democrats.

Despite the Senate filibuster, some in Congress have vowed to continue the fight in support of comprehensive medical liability reform legislation. The talk on Capitol Hill is that the House of Representatives may take up this issue again sometime this summer and the Senate may revisit medical liability reform before the November campaign season gets into full swing. Organized neurosurgery, through its participation in Doctors for Medical Liability Reform, will continue to press Congress for action.

DMLR Campaign Builds Momentum for Tort Reform

The Flight to Pass Reform – By the Numbers
65 million	The number of people who have heard DMLR’s message on the radio
150,000	The number of people who have joined DMLR’s grassroots network
40,000	The number of individuals eho have signed DMLR’s petition for reform
15,000	The number of letters that have been sent to Congress
800	The number of physicians who have requested DMLR’s patient outreach materials

DMLR’s Protect Patients Now national campaign for medical liability reform continues to build impressive momentum. Using creative animations, Web advertisements, and radio and print media, DMLR is building its activist database and grassroots network. As of early June, DMLR has reached approximately 65 million listeners through several “radio tours” held since the campaign redeployed last October. Neurosurgeons Troy Tippett, MD, from Pensacola, Fla., and John Caruso, MD, from Hagerstown, Md., participated in these radio interview programs. DMLR has collected more than 40,000 signatures for its petition drive, and more than 15,000 letters have been sent to Congress (over 5,000 in the week immediately before the Senate vote). The grassroots network is nearly 150,000 strong, and itcontinuesto expand every day.

In light of the recent unsuccessful votes in the U.S. Senate, DMLR is redoubling its grassroots outreach efforts and is working hard to recruit more patients to join the campaign to stop medical lawsuit abuse. The success of the program depends on neurosurgeons helping to spread the word about the medical liability crisis and DMLR’s Protect Patients Now campaign. It is vital that neurosurgeons stay the course and stay involved in the DMLR campaign.

Members of the U.S. Senate need to hear from patients as well as doctors on this vitally important health care issue. One easy way to help is by introducing patients to medical liability reform issues and solutions through the DMLR’s Patient Outreach Kit. The kit includes:

• a packet of informational brochures that have a tear-off portion allowing patients to sign and mail a petition in support of reform;
• a poster, which dramatically illustrates the crisis;
• a pad of tear-off postcards that are attached to the poster and can be filledin and mailed back to DMLR; and
• wearable “Stop Medical Lawsuit Abuse” buttons.

These materials are free of charge and will be shipped directly to your office once the order is placed. Neurosurgeons are encouraged to get an outreach kit and help spread the word about the crisis and our campaign for reform.

With your help, DMLR will continue to build its grassroots network, educate patients, and put a stop to medical lawsuit abuse. DMLR also will continue to keep neurosurgeons informed and involved through regular e-mail messages. In addition, neurosurgeons are encouraged to watch for new information and campaign updates on the Protect Patients Now Web site, www.protectpatientsnow.org. Remember, this is a marathon, not a sprint, and all neurosurgeons must get involved and continue to stay involved until we succeed at passing reform legislation.

Katie O. Orrico, JD, is director of the AANS/CNS Washington Office, (202) 628-2072, [email protected].

For Further Information

• How They Voted: S. 22, Medical Care Access Protection Act of 2006, and S. 23 Healthy Mothers and Healthy Babies Access to Care Act, www.senate.gov > Votes > Roll Call Tables 2006 (109th, 2nd) > Votes 00115 and 00116
• DMLR’s Patient Outreach Kit, www.protectpatientsnow.org Physicians > Patient Outreach Kit
• Texas Teaches That Tort Reform Works

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