Opposition to Malpractice Caps

NCCNHR National Citizens' Coalition for Nursing Home Reform
1424 16^th Street NW, Washington, DC 20036
Ph: 202-332-2275 Fax:202-332-2949 http://nursinghomeaction.org

William F. Benson, President
Alice H. Hedt, Executive Director

February 24, 2004

For more information contact: Janet Wells, 202/332-2275

Caps on Noneconomic Damages Deny Justice to the Most Vulnerable Patients

Washington, DC—The National Citizens’ Coalition for Nursing Home Reform urges the Senate not to enact S. 2061, the "Healthy Mothers and Healthy Babies Access to Care Act." Whether the targets are mothers and babies – or aging and disabled people who live in nursing homes – caps on noneconomic damages deny access to civil justice to our most vulnerable citizens when they are victims of negligence in the health care system. Our members oppose any legislation that discriminates against patients simply because they are too young or too old to have replaceable income, or are not in the workforce because they are caregivers to others.

S. 2061, like other medical malpractice legislation this body has considered, would do nothing to alleviate the real problems in our health care system – repeated acts of serious negligence and malpractice by a relative few health care providers and the failure of public regulatory bodies to punish and stop those who are responsible. Too often, tort suits are the only way to address negligence, abuse, medical errors, and the pain and suffering they cause.

If S. 2061 is enacted, the Senate leadership has promised that other specialties will follow. Today, the right of mothers and babies to seek redress in the courts is threatened. Eventually, it may again be our elderly parents and grandparents who are to be denied justice for their pain and suffering in long-term care facilities.

NCCNHR urges Senators to oppose any effort to bring S. 2061 to the floor.

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