[News-releases] NOW Denounces Deceptive "Healthy Mothers and Healthy Babies" Act

Title: [News-releases] NOW Denounces Deceptive "Healthy Mothers and Healthy Babies" Act

 FOR IMMEDIATE RELEASE 
CONTACT: JENNY THALHEIMER, 202-628-8669 ext. 116

NOW Denounces Deceptive "Healthy Mothers and Healthy Babies" Act

February 24, 2004

The National Organization for Women opposes S. 2061, a medical malpractice
bill that again seeks to limit the rights of women when they have been
harmed. The deceptively titled "Healthy Mothers and Healthy Babies" Act
singles out pregnant women and their babies, placing limits on the legal
rights of individuals who are victims of someone else's negligence or
wrongdoing.

NOW President Kim Gandy said, "This bill clearly discriminates against
women and children by regulating only obstetrical and gynecological
practices. Why should women be restricted in seeking fair compensation
after being harmed while men retain their full legal protections?"

S. 2061 places severe restrictions on a woman's ability to sue when she
has been injured through medical malpractice or negligence in "the
provision of obstetrical or gynecological goods or services."

The bill unfairly applies a $250,000 non-economic damage cap in cases
involving only pregnancy, delivery, and other obstetrical and
gynecological care. The supporters of this bill are claiming that lawsuits
are limiting access to health care. In reality, states that have enacted
legal restrictions on damages have seen their insurance premiums continue
to rise, despite passing severe liability limits.

"This legislation not only applies to physicians but also grants unfair
protections to hospitals, insurance companies, HMOs, and drug and medical
device manufacturers," said Gandy. "If this bill passes and is signed into
law, women--and their children--will pay the price."

Expert analysts say that legislation blocking injured patients' access to
the courts or limiting their compensation has never lowered insurance
costs or rates, and never will. The only way to solve the problem is to
reform the business and accounting practices of the insurance industry.

"The supporters of this legislation are seeking to deny justice to women,
some of whom may never again be able to have a child," said Gandy. "Such
blatant discrimination should not be tolerated in our system of justice."

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FOR IMMEDIATE RELEASE
CONTACT: JENNY THALHEIMER, 202-628-8669 ext. 116