Power of the People
“Remember that what pulls the strings
is the force hidden within: there lies the power to
persuade, there the life — there, if one must
speak out, the real man.”
“Forward, as occasion offers. Never look ’round
to see whether any shall note it… Be satisfied
with success in even the smallest matter, and think
that even such a result is no trifle.”
Marcus Aurelius,
The Power of the People
As many of you are aware, my home state of Mississippi
has been one of several facing a health care crisis
of volcanic proportion. A combination of factors,
including the increasing number of lawsuits, large
jury verdicts and the exodus of liability insurance
carriers from our market, to name a few, have critically
reduced both the affordability and accessibility of
medical liability insurance coverage for physicians.
Not only has this situation caused physicians to leave
our state or opt for early retirement, but it has
also made recruitment of new physicians difficult.
The physicians and citizens of my state have responded
to our crisis in an unprecedented manner urging our
state legislature and governor to act. On October
7, 2002, our elected state legislators passed a tort
reform bill that was signed into law the following
day by Governor Ronnie Musgrove. While not as comprehensive
as we had hoped, it is a significant step forward.
Briefly, the bill includes:
• A $500,000 cap on noneconomic
damages for medical malpractice
actions filed after January 1, 2003. The cap increases
to $750,000 in 2011 and $1 million in 2017.
• Limits venue
to the county where the alleged act occurred.
• Mass tort claim protection
for physicians who innocently prescribe
an FDA-approved drug.
• Abolishes
joint and several liability for noneconomic damages
and reduces joint and several for economic damages. |
Without any doubt, the passage of this new law was the
direct result of political action by physicians, health
care workers, their patients and citizens from all walks
of life. Hundreds traveled to the state capital to personally
lobby their legislators and participate in “white
coat” rallies in addition to writing letters and
making telephone calls. Throughout the first 33 days
of a special session called to deal with the civil justice
reform issue, people answered the cry of physicians
for help and actively engaged themselves by contacting
their legislators in record numbers. Indeed, one representative
was heard to say, “I don’t need to hear
from any more patients in my district; I know they want
reform and want it now!” At the end of the day,
the voice and power of “the people” finally
overcame the longstanding stronghold of the trial lawyer
lobby.
All physicians, anesthesiologists in particular, must
become more involved than ever in the political process.
The tort reform story in Mississippi is but one example
of the enormous influence that physicians, their families,
coworkers, friends and patients can have in the political
arena. No one can express the impact of legislation
and regulation on the medical profession better than
those directly involved in the practice of medicine.
Your voice must be heard!
Our ASA Political Action Committee (ASAPAC) is working
diligently to help elect candidates who will understand
our issues, listen to our viewpoints and support our
positions. We must increase both the number and amount
of our contributions to ASAPAC. We must also increase
our participation in campaign activities at the local,
state and national levels. Last and most importantly,
we must go to the polls and VOTE!
Our government was founded to be one “of the people,
by the people, for the people.” This is possible
only if “we the people” make it a reality.
Please choose to get involved and make a difference.
ASA officers and staff stand ready to assist you. Now
is not the time to sit idly in passive observation.
Your active participation is vital.
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