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Politics of Caring | Issues Update | Health & Safety

Politics of Caring
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American Journal of Nursing - June, 2004 - Volume 104, Issue 06

By Rose Gonzalez, MPS, RN, and Joan Meehan-Hurwitz

Federal Update: Early Detection of Cancer

A bipartisan bill that would provide women with information about gynecologic cancer symptoms and risk factors and to improve early detection, was introduced in Congress by Representatives Sander Levin (D-MI) and Kay Granger (R-TX) in November 2003.

This bill, Johanna’s Law: The Gynecologic Cancer Education and Awareness Act of 2003, named after a young woman who died of ovarian cancer, is the outcome of a sister’s resolve to change a tragic set of circumstances. Johanna Silver Gordon was a health-conscious woman who saw her gynecologist annually for pelvic exams and Papani­colaou smears. Her symptoms, heartburn, abdominal bloating, and constipation, led her to assume that she had a minor gastric problem. Unfortunately, she was unaware that these are common symptoms of ovarian cancer.

Lack of knowledge can lead to delays in early diagnosis and treatment and today contributes to late-stage diagnosis and the deaths of many women. More than 80,000 women are diagnosed with a gynecologic cancer in the United States every year. This year, an estimated 26,000 U.S. women are expected to die from some form of gynecologic cancer. When diagnosed at their earliest stages, gynecologic cancers including ovarian, endometrial, and cervical cancers, offer excellent prognoses for long-term survival.

Therefore, this bill, HR 3438, would provide for a national gynecologic cancer early detection and awareness campaign directed at women and their providers. It would authorize grants to test outreach and education campaigns to raise awareness among physicians and consumers about gynecologic cancers and to fund public service announcements.

On March 22 the ANA sent a letter to the House of Representatives supporting this legislation. The modest investment in outreach and education contained in the Gyne­cological Cancer Education and Awareness Act of 2003 would greatly improve understanding and increase early detection of these deadly cancers. For more information on this legislation please refer to http://thomas.loc.gov.

State News

As medical malpractice reform continues to stall on the federal level, advocates are attempting to cap awards from malpractice suits by advancing legislation at the state level. Currently, more than half of all states limit jury awards and many more are considering adopting caps. For example, in April the Missouri State Senate passed a bill that will cap noneconomic damages in civil medical malpractice suits. The bill gives the State Department of Insurance authority to review malpractice insurance rates. It also allows doctors to claim a tax credit to cover malpractice premiums above a certain level. For more information refer to www.kaisernetwork.org.

According to the National Conference of State Legislatures, the rise in medical malpractice reform efforts is part of the same cycle that occurred in the 1980s and subsided after rates stabilized.

Medical Malpractice

A second attempt to address the medical malpractice crisis this year failed. On April 7 Senate Republicans were unable to secure enough votes to begin floor debate on S 2207, a bill designed to reform the current medical-liability system. This time they fell short by 11 votes needed to begin debate.

The Pregnancy and Trauma Care Access Protection Act of 2004 sponsored by Senator Judd Gregg (R-NH), would impose federal limits on damages in lawsuits against ED professionals and others in trauma care. It would cap noneconomic damages for pain and suffering at $250,000. Although the Senate was unable to debate the bill, Republicans plan to hold multiple votes on this issue.

In March Senate Majority Leader Bill Frist (R-TN) stated that he planned to offer medical-liability legislation every two months until it passes. Medical malpractice will remain a controversial issue for the Senate during this election year. It also is a top legislative priority for the American Medical Association. Some argue that medical malpractice premiums inhibit health care access since physicians are leaving high-risk practices. Others argue that insurance industry practices cause the problem. The ANA has opposed these bills and supports a comprehensive approach to reform.

For the ANA’s position on medical liability please refer to www.anapoliticalpower.org. For more information on this legislation please refer to http://thomas.loc.gov.


Rose Gonzalez is director of government affairs and Joan Meehan-Hurwitz is the director of communications at the ANA.


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