For Immediate Release                                       Contact: Amanda Molk, 202-225-5256
March 13, 2003

Napolitano Opposes Harmful Medical Malpractice Bill

Congresswoman Grace Napolitano (D-CA38) today voted in opposition to H.R. 5, a bill that would limit the amount of damages victims of medical malpractice could receive. With mostly Republican support, the bill passed the House 229 to 196. “This Republican-sponsored bill does nothing to reduce doctors’ burdensome insurance costs and will only harm victims of medical malpractice and their families,” Napolitano stated.

In 1975, California passed a similar law to limit malpractice damages in hopes of lowering the staggering costs of malpractice insurance. “Twelve years after the enactment of this law, doctors’ premiums nearly tripled and reached an all-time high in California! Fortunately, in 1988, voters enacted real insurance reform through Proposition 103, reducing California doctor’s premiums by 20% within three years,” noted the Congresswoman.

Doctors around the nation have been clamoring for Congress to address the issue of skyrocketing malpractice insurance premiums. “Doctors should not be forced to curtail their practices and limit patient care. We should implement national reforms based on the successes we have had in insurance reform in California, not take a step backwards,” commented Napolitano.

The House-passed bill would also override an important patients’ rights law in California. “If H.R. 5 becomes law, Californians will no longer be able to sue HMO’s for unlimited damages in state courts. It is outrageous for the majority party to assume they can just take away the rights of Californians!” the Congresswoman stated.

H.R. 5 would also cap non-economic awards for pain and suffering at $250,000 and punitive damages at $250,000. “The bill requires economic damages to be based on lost wages. A stay-at-home mother who suffers an injury resulting from medical malpractice and is unable to care for her children, would receive much less than someone who worked outside the home. This is discrimination anyway you look at it!” Napolitano said.

House Democrats support an alternative measure focused on promoting competition in the insurance industry and targeting frivolous lawsuits to reduce doctors’ premiums. “Democrats were not permitted to have their alternative proposal considered. The American public deserves better,” concluded the Congresswoman. This issue has not yet been considered by the Senate.

Representative Grace F. Napolitano, 38th District of California
1609 Longworth Building          Washington, DC 20515          Phone 202-225-5256          Fax 202-225-0027		11627 East Telegraph Road, #100       Santa Fe Springs, CA 90670       Phone 562-801-2134       Fax 562-949-9144
This is an official Web site of the United States House of Representatives.