AMA to Times-Tribune: Can't await states

May 31, 2011(published)

Times-Tribune
Letter to the Editor

To the Editor:

Rep. Tom Marino should be commended for voting to protect patients' access to care through his support of the Health Act ("States' rights, if convenient," May 24 editorial). Evidence shows that reforms similar to the ones in the Health Act are working in states such as California and Texas to keep physicians caring for patients, while still allowing those who have been harmed their day in court.

The American Medical Association would like nothing more than for state lawmakers to pass proven medical liability reforms, but the time has come for Congress to act in the interest of millions of Americans who need affordable, accessible medical care by filling in the gaps left by states that have not been able to adopt their own reforms.

Congress has the clear constitutional authority to adopt a basic set of medical liability rules given the fiscal impact of legal claims on federal health care expenditures and the interstate nature of the medical liability insurance market. By placing an upper limit on pain and suffering damages, Congress can promote a more cost-effective health care delivery system.

By retaining significant flexibility for states to enact their own medical liability laws, the Health Act is sound public policy that respects states' rights. The Health Act does not require states to enact legislation and states still have the flexibility to adopt their own limits on damages, even after enactment of the Health Act. States will continue to have a wide range of options for addressing medical liability and may maintain or adopt stronger protections than provided in the federal law.

We cannot allow the out-of-control legal system to continue as an obstacle to needed patient care. We urge federal lawmakers to pass the Health Act.

Cecil B. Wilson, MD
President, American Medical Association