Congressman Dennis Cardoza
18th Congressional District of California

Washington DC – Congressman Dennis Cardoza (D-MERCED) proclaimed his continued support today for limiting the fees that doctors may be forced to pay as a result of frivolous lawsuits by casting an “aye” vote for H.R. 5, the medical malpractice bill. At the same time, however, he expressed strong concerns regarding other elements of the measure that provide cover to special interests, such as HMOs and drug companies.

“I have voted to uphold MICRA (Medical Injury Compensation Reform Act) in California on three separate occasions and I think that doctors everywhere deserve the same protection.” said Cardoza. “I hope that when this bill is before me again, the provisions that give breaks to HMOs and drug companies will have been corrected.” The measure will likely be amended in the Senate and Members of the House will have an opportunity to vote on the final version that would be sent the President.

Cardoza, along with a select group of Members, was called to a meeting at the White
House earlier this week to discuss H.R. 5. In discussions with the President’s staff, Cardoza said he would not support the conference report if it still contains provisions that protect HMOs and drug companies at the expense of patients. “While I confirmed my support for MICRA, I also made my concerns clear to the Administration regarding the other elements of H.R.5 that jeopardize patients’ rights,” Cardoza said.

In 1976, California enacted MICRA, a law that limited financial recovery for patients injured by medical malpractice. The proponents of H.R. 5 have argued that they want to extend MICRA to the rest of the country. But H.R. 5 includes elements beyond extending the cap.

“Although I voted for it today to keep the process moving forward, I have serious reservations about the impact of this legislation,” said Cardoza. “I also believe that the value of the cap is being eroded over time by inflation. I sincerely hope that the final bill we send to the President later this year will more closely reflect the California MICRA law,” said Cardoza. “If I am not satisfied with the final product, I will not support it.”