Congresswoman Carolyn McCarthy (NY-4) released the following statement on the Medical Malpractice legislation being considered on the House Floor.

As a nurse, I understand all too well the high cost of malpractice insurance and recognize the crisis this is creating in our healthcare system, particularly in areas of high-risk procedures. I want a solution to fix this problem, but the Republican leadership's bill is not the solution.

Unfortunately, the bill being debated on the floor today will only make this crisis worse. It exempts HMOs, pharmaceutical companies, and the FDA from punitive damage awards. This means that HMOs will continue to make medical decisions for patients based on what's best for their bottom line and not what is best for the patients they serve.

I am deeply troubled that the Republican leadership did not allow for any Member of Congress to offer an amendment to improve this legislation.

If I had been allowed to offer an amendment, I would have proposed the following changes:

* Reduce frivolous law suits by limiting the amount of time during which a patient can file a medical malpractice action to no later than three years from the date of injury, or three years from the date the patient discovers the injury;

* Ensure that medical malpractice insurance companies lower their premiums by developing and implement a plan to annually dedicate at least 50 percent of those savings to reduce the insurance premiums that medical professionals pay;

* And provide grants or contracts to geographic areas that have a shortage of one or more types of health providers as a result of dramatic increases in malpractice insurance premiums.

Unfortunately, the legislation offered today is not real and effective medical malpractice reform, but a bill that protects HMOs and insurance companies, and endangers victims of medical mistakes. For these reasons, I voted against the legislation.