Video archive of the US Congress

House Proceeding 06-11-09 on Jun 11th, 2009 :: 1:53:40 to 1:56:34
Total video length: 3 hours 9 minutes Stream Tools: Stream Overview | Edit Time

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Charles W. Dent

1:53:32 to 1:53:52( Edit History Discussion )

Charles W. Dent: medical liability. my colleague, tim murphy, remembers the great debates we had in pennsylvania about the need for joint and separate liability reform to make sure that rewards to be proportional to the degree of fault. that was absolutely essential. area we were in great need of reform in pennsylvania.

Charles W. Dent

1:53:40 to 1:56:34( Edit History Discussion )
Speech By: Charles W. Dent

Charles W. Dent

1:53:53 to 1:54:13( Edit History Discussion )

Charles W. Dent: also the notion of a periodic payment as opposed to one big lump sum award. one could pay ose payments out over a period of time. something that, again, was ablutely essential. in the city of philadelphia in particular we had a very real crisis. in fact, at the time there was a group called jury verdict

Charles W. Dent

1:54:14 to 1:54:34( Edit History Discussion )

Charles W. Dent: research had done a study and the average jury award at that time was somewhere around $1 million. the re of the state on average was a bit less than a half million dollars. in fact, it got so bad one year that there were more awards in payouts out of the city of philadelphia than in the entire state of california.

Charles W. Dent

1:54:35 to 1:54:55( Edit History Discussion )

Charles W. Dent: the city of philadelphia s a population of about a million and a half people. what we had to do was find ways to get cases out of the city of philadelphia, out of those courts and so we actually passed legislation, congressman murphy and i were supportive at the have essentially required the that cases be heard in the -- required that the cases be heard

Charles W. Dent

1:54:56 to 1:55:16( Edit History Discussion )

Charles W. Dent: in the county where it occurred. that made complete sense. we tried to pass it legislatively but we had the courts -- the supreme court ruleto essentially provide that kind of remedy. what happened is we saw the number of cases heard in philadelphia drop dramatically as a result of that. so that was just another example of the problems. also we have many people in this

Charles W. Dent

1:55:17 to 1:55:38( Edit History Discussion )

Charles W. Dent: country who must go to an emergency room for care. they go to the emergency room and oftentimes emergency room phicians and staff are the subject of lawsuits. but those same physician must provide care under federal law, something call and essentially what that means is they need to provide care and what we should do is provide medical liability

Charles W. Dent

1:55:39 to 1:56:01( Edit History Discussion )

Charles W. Dent: relief to those emergency room physicians by treating them as federal employees. not that they're going to be on the federal payroll but for tort purposes and the federal tort claims act they would be relieved from those type of lawsuits because we've had situations across this country where trauma rooms have been forced to close down. it's traumatic. we've also had some places in

Charles W. Dent

1:56:02 to 1:56:23( Edit History Discussion )

Charles W. Dent: our country, an obstetrician who was at one hospital and said the only reason that we provide, the only reason we deliver babies is to you train our students. we lose money. and there are many doctors who choose n to deliver babies these days because of liability and in philadelphia at the time he know one hospital stopped delivering -- i know one

Charles W. Dent

1:56:24 to 1:56:34( Edit History Discussion )

Charles W. Dent: hospitals stopped delivering babies. they only deliver so they can train their residents, they lose money and it's very costly to them. but they do it as a service and as a way of training physicians.

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