Video archive of the US Congress

House Proceeding 02-24-10 on Feb 24th, 2010 :: 1:03:25 to 1:07:50
Total video length: 2 hours 47 minutes Stream Tools: Stream Overview | Edit Time

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Lamar S. Smith

1:03:22 to 1:03:42( Edit History Discussion )

Lamar S. Smith: time is now, let's get the job done. let's pass this legislation. the speaker pro tempore: the gentleman from texas is recognized. mr. smith: madam speaker, i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. smith: madam speaker, the bipartisan and very credible congressional budget office has saithat this bill will have little or no effect on insurance

Lamar S. Smith

1:03:25 to 1:07:50( Edit History Discussion )
Speech By: Lamar S. Smith

Lamar S. Smith

1:03:43 to 1:04:03( Edit History Discussion )

Lamar S. Smith: premiums. it further says that if there is any effect it will be, quote, quite small. so i do appreciate all the comments that members are making today and i agree with a lot of them but we should not think that any of them pertain to this bill or that this bill is going to have any kind of a major impact on premiums. however, i would like to discuss

Lamar S. Smith

1:04:04 to 1:04:24( Edit History Discussion )

Lamar S. Smith: one subject that will have a major impact on insurance premiums and that is health care tort reform. the american medical liability system quite frankly is broken. according to one study, 40% of claims are meritless, eith no injury or no error occurred -- either no injury or no error

Lamar S. Smith

1:04:25 to 1:04:45( Edit History Discussion )

Lamar S. Smith: occurred. fees account to 54% of the compensation. the study found that completely meritless claims account for clearly 1/4 of total administrative cost. the american civil litigation system is the most expensive in the world, more than twice as expensive as nearly any other country.

Lamar S. Smith

1:04:46 to 1:05:08( Edit History Discussion )

Lamar S. Smith: defensive medicine is widely practiced and it is very costly. skyrocketing medical liability insurance rates have distorted the practice of medicine. costly but unnecessary tests have become routine as doctors try to protect themselves from lawsuits. according to a 2008 survey conducted by the massachusetts

Lamar S. Smith

1:05:09 to 1:05:30( Edit History Discussion )

Lamar S. Smith: medical society, 83% of massachusetts physicians reported that they practiced defensive medicine. another study in pennsylvania put that figure at an astounding 93%. while estimates vary, e civic research institute has put the cost of defensive medicine at $124 billion. others have arrived at even

Lamar S. Smith

1:05:31 to 1:05:51( Edit History Discussion )

Lamar S. Smith: higher figures. a new study by the pacific research institute estimates that defensive medicine costs $191 billion a year. while a separate study by price water house coopers puts the number even higher, $239 billion every year.

Lamar S. Smith

1:05:52 to 1:06:12( Edit History Discussion )

Lamar S. Smith: lawsuit abuse drives doctors out of practice, there's a world document record of doctors leaving the practice of medicine and hospitals shutting down, particularly practices that have high liability exposure. this has been particularly acute in the fields as well as in the rural area of our country. the absence of doctors in val

Lamar S. Smith

1:06:13 to 1:06:33( Edit History Discussion )

Lamar S. Smith: practice areas is at best an inconvenience, at worst it can have deadly consequences. hundreds or even thousands of patients may die annually due to a lack of doctors. according to the massachusetts study, 38% of physicians have reduced the number of higher risk procedures they provide and 28% have reduced the number of

Lamar S. Smith

1:06:34 to 1:06:54( Edit History Discussion )

Lamar S. Smith: higher risk patients they serve out of fear of liability. the american college of objects trisheses and gynecologists have concluded that they, quote, current med could he legal environment continues to deprive women of all ages, especially pregnant women, of their most educated health care providers,

Lamar S. Smith

1:06:55 to 1:07:17( Edit History Discussion )

Lamar S. Smith: end quote. excessive litigation damages, the doctor-patient relationship, and impairs care. beyond the dollars and cents when doctors begin to see their clients as potential litigants, the quality of care patients receive is compromised in a recent survey, 76% of doctors said that their concern about being sued has hurt their

Lamar S. Smith

1:07:18 to 1:07:38( Edit History Discussion )

Lamar S. Smith: ability to provide quality patient care. nearly half say they are prohibited or discouraged from providing needed care by rules set up to avoid lawsuits. the states have proven that legal reform works. while so many in washington talk about the need to study the problem, states have acted to address it.

Lamar S. Smith

1:07:39 to 1:07:52( Edit History Discussion )

Lamar S. Smith: several states have limited neconomic damages such as those for pain and suffering and dramatically lessened the burden of lawsuits. in states with such limits, premiums are 17% lower than they

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