HARRISBURG (March 10, 2004) � PBA President Thomas M. Golden today issued the following statement regarding the Senate�s passage of a bill to impose caps on non-economic damages in medical malpractice cases only:

�We are disappointed that the Senate voted for the imposition of caps on non-economic damages in medical malpractice cases, which could severely limit the rights of Pennsylvanians to seek redress through their courts. The fact that the Senate recognized that product liability, drunk driving and other similar cases ought not be capped was a small step in the right direction. But the PBA remains adamantly opposed to the imposition of caps on non-economic damages in medical malpractice cases.

The issue is not lawsuit abuse. Medical malpractice is clearly about the quality of health care. A recent Health Policy Report published in the New England Journal of Medicine explains there are two critical public policy issues that distinguish the current medical malpractice issue from past debates � medical cost reimbursement levels and patient safety. These are the issues that need to be addressed. Award limitations would, at best, address the symptoms, not the causes of the problem.

The Pennsylvania Bar Association remains opposed to any state or federal legislation that proposes to cap or limit the recovery on non-economic damages for injuries resulting in death or for injuries to persons or property. The PBA supports and encourages the development of legislation that will provide relief in the medical professional liability insurance crisis, provided that such relief does not impose arbitrary limits on the right to recover non-economic damages.

It certainly is ironic that while brave people around the world are fighting to secure freedom and constitutional rights, individuals here in Pennsylvania are working to take away these rights. Assuring that the fundamental issues of justice and equity are met for all parties involved ought to be our common goal. We need to look forward, not to the past, for answers to this issue.

The PBA will work hard to convince the members of the House of Representatives that caps on medical malpractice cases are not appropriate. We acknowledge that there is a health-care crisis, and there needs to be reform. We just don�t accept that caps solve the problem. We hope that the House of Representatives will vote against caps and protect the rights guaranteed to all Pennsylvanians under our Constitution.�