For Release:
June 15, 2009
Contact: Joanne Doroshow or Andy Hoffman – Center for Justice & Democrary
(212) 267-2801; cell (917) 548-5263
MEDICAL MALPRACTICE SURVIVORS DECRY
POSSIBLE STRIPPING OF RIGHTS IN PRESIDENT’S HEALTH CARE PLAN
NEW YORK – Sixty-four survivors of medical malpractice from 21 states sent a
letter to President Obama today expressing extreme concern that the rights
of medical malpractice victims have become a “political bargaining chip” in
the President’s efforts to sell his health care plan, and that their rights
may be stripped away as a result. Reports now indicate that the President
supports measures that would drastically limit injured patients’ rights to
trial by jury by allowing biased medical societies or politicians to make
liability decisions. The group of malpractice survivors have requested a
meeting with President Obama to express dissatisfaction with the President’s
willingness to include far-reaching medical malpractice limits in his
national health care proposal.
The survivors are working with the national consumer group Center for
Justice & Democracy in trying to get their voices heard. CJ&D Executive
Director Joanne Doroshow said, “Taxpayers have already been asked for
billions of dollars to rescue Wall Street banks. Now they may be asked to
give up their constitutional rights. What’s next?”
Donna Harnett, a Chicago resident whose son, Martin, was severely
brain-damaged at birth due to delivery errors, said, “Any proposal that
would limit the right to trial by jury would be devastating to families like
mine who have suffered catastrophic injuries. Moreover, it will do nothing
to expand health coverage or reduce health care costs.”
“I am very disappointed that the President is considering measures that
would put patients rights in jeopardy. I certainly hope that he accepts our
request to meet with families like ours, who have had lives ruined and lost
loved ones to medical negligence,” said Michael Bennett of Baltimore,
Maryland. Mr. Bennett’s father, Mark Bennett, died after being exposed to
six types of bacteria while in the care of a Baltimore-area hospital.
“As survivors of medical negligence, we believe that our voices should be
heard in any discussion that could result in curbing the legal rights of
seriously injured patients,” said Dylan Malone of Seattle, Washington, whose
son, Ian, died several years after being severely brain damaged due to
delivery-related errors.
The text of the letter follows:
###
June 15, 2009
President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear President Obama:
We are writing to request a meeting with you to discuss the issue of medical
malpractice, which news reports now indicate may be part of your national
health care proposal as a political “bargaining chip.”
We are part of a group of survivors of medical negligence who are concerned
that our voices be heard in any discussion that could result in curbing the
legal rights of seriously injured patients. We are extremely concerned that
the rights of medical malpractice patients may be stripped away as part of
your national health care proposal. This includes restrictions on the
rights of catastrophically injured patients to have access to the courts.
People like us and our families certainly do not feel as though doctors and
hospitals practice too much “defensive medicine,” or that lawsuits against
negligent providers are frivolous, or that there is any justification for
eliminating the right to jury trial in medical malpractice cases. Patients
deserve to have an unbiased judge and jury, which have heard all the facts
and weighed all the evidence, decide if care is negligent and what the
compensation for their loss should be. That decision should not be made by
political officials or biased medical societies.
Further, tackling medical malpractice issues will not bring down health care
costs according to every government study that has looked into this. The
Congressional Budget Office has confirmed, “malpractice costs account for
less than 2 percent of [health care] spending.” Blaming so-called
“defensive medicine” for growing health care costs is also bogus. Listen to
our stories and you will understand why no credible government study
supports the notion that “defensive medicine” is a problem. Most recently,
the General Accountability Office harshly criticized evidence continuously
cited by the American Medical Association that the tort system encourages
defensive medicine.
Nobody appreciates the need to have competent doctors available to serve in
every area of this country more than people like us who have been patients.
But making it more difficult for us to bring legitimate cases against
negligent providers will make matters worse and certainly not solve this
country’s real medical malpractice crisis, which now costs the lives of more
than 98,000 people each year. It will only reduce accountability in the
system and re-victimize people who are already victims.
Please contact our representative in New York, Joanne Doroshow, from the
consumer group the Center for Justice & Democracy, to follow up on this
request. You can reach her at (212) 267-2801 or email her at
joanned@centerjd.org. Thank you for your consideration.
Sincerely,
Alan Apter
Duluth, MN
Rebecca Ball
Thompson, CT
Michael Bennet
Baltimore, MD
Earlene Burney
Clarksville, TN
Sharon Caulder
Chesterfield, SC
Bill Collins
Norwalk, CT
Elizabeth Colloty
Ridgefield, CT
Linda Debenedictis
Norwood, MA
Ellen Delisio
Middletown, CT
Mathy Milling Downing
Laytonsville, MD
Vernon and Shawnna Gardner
Lewellen, NE
Lisa and Michael Gourley
Valley, NE
Steve Govoni
Rowayton, CT
Cindy and Bruce Gustafson
Littleton, CO
Leslie Haag
Bacliffe, TX
Donna Harnett
Chicago, IL
Helen Haskell
Columbia, SC
Carole and Joe Hemmelgarn
Highlands Ranch, CO
Jack Hickey-Williams
Newtown, CT
Vera Holmes
Irmo, SC
Cynthia and Justin Iriondo
South Windsor, CT
Bobbie Jenke
Santa Rosa, CA
Shigeru and Sandra Katada
McKinney, TX
Sherry Keller
Conyers, GA
Amy Kyllonen
Prior Lake, MN
Mary Ellen and Patrick Ladd
West Hartford, CT
Gary Lampman
Hendersonville, TN
Paul Lyon
Kingston, PA
Dylan and Christine Malone
Everett, WA
Susan Manganello
Newington, CT
Tina Minasian
Roseville, CA
Rebecca Martins
Warren, ME
Justin Mattes
Woodcliffe Lake, NJ
John McCormack
Pembroke, MA
Vicki McDonough
Commerce City, CO
Joe Mungai
Elgin, IL
Marie Naish
Tarrant, AL
Michael Nystrom
Mystic, CT
Patti O’Regan, ARNP, ANP, NP-C, PMHNP-BC
Port Richey, FL
Kathy, Scott, and Steve Olsen
Chula Vista, CA
Anetta Parker
Houston, TX
Carolyn Passero
Westport, CT
Jean Rexford
Redding, CT
Myra Richardson
Carson, WA
Ruben Rodriquez
Yonkers, NY
Deb Shaw
Half Moon Bay, CA
Patty Skolnik
Denver, CO
Julie Smith
Reidville, SC
Jay and Sue Stratman
Chesterfield, MO
Ken and Brenda Stoltz
Leesburg, VA
Bart Windum
Boulder, CO
Suzie Zionkowski
Aiken, SC
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