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The Senators Must Act
Robert W. Yelverton M.D.,
Chairman, FOGS Task Force on Professional Liability Insurance
As in the past, it appears that meaningful tort reform, both state and federal, will be determined by the vote in the senate. The House of Representatives, both in Washington and Tallahassee, have either passed or will pass meaningful tort reform packages, including the controversial cap limitation on non-economic damages. In Washington, the House has passed cap legislation on at least three prior occasions only to see the legislation die a trial bar orchestrated death in the senate. Polls show the general public strongly supports tort reform. The House support mirrors the public’s desire to maintain the best health care in the world by correcting the tort ills that are destroying our noble profession.
The trial bar has known where the action would be for quite some time and has focused much of its lobbying efforts, money and other energies in the Senate direction. Along with many of your colleagues, I have been walking the halls of congress, testifying at task force and congressional hearings since early fall. As a result of these efforts I was disappointed but not surprised by The senate committee’s defeat of the cap.
I hope that you attended the FMA sponsored "Rally at the Capital" on March 27th . For those of you who did attend, thank you for your support— you already had patients scheduled in your office, surgery scheduled in your hospital and babies to deliver that day, and you rescheduled them to attend this event!
Even though the rally is over, it’s still important to let your senator know how you feel. Our recent defeat in senate committee only demonstrates the need for continued pressure. I wager that if the senate does not pass meaningful tort legislation, including a cap, they may spend a long hot summer in Tallahassee in special session. You have been supplied with easy communication tools to contact them. Don’t depend on someone else to do this for you this time. Do your profession and yourself a great favor and become involved now. The senate vote should be close. Your efforts will make a difference.