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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