WASHINGTON, DC –- The American Association of Neurological Surgeons (AANS) and the Congress of Neurological Surgeons (CNS) are pleased that President Bush is continuing to highlight the need for federal legislation to solve the nation’s medical liability crisis and fully support the reform principals -- particularly reasonable limits on non-economic damages -- that he has identified. If enacted, these reforms will make the medical liability system more fair, predictable, and timely so patients will have consistent and quality medical care.

During a meeting today with President Bush in Scranton, Pennsylvania, Gregory Przybylski, MD, a neurosurgeon from Edison, New Jersey and member of the AANS and CNS recounted the impact that the crisis has had on himself and his patients. "I have personally experienced the serious disruption in the continuity of patient care that has resulted after I moved from Pennsylvania to Illinois, where the liability system was relatively stable," said Dr. Przybylski. " After I moved, one of my patients who required complex spinal surgery had to drive from Philadelphia to Chicago because he wanted me to continue to serve as his physician and perform this complicated operation. While this is just one example, it clearly demonstrates the detrimental effect that this problem is having on patients."

A recent national analysis conducted by the AANS and CNS confirms that the medical liability system is indeed in a state of crisis for neurosurgeons across the country. According to data from a national survey of neurosurgeons, 25 states are in "severe" crisis and an additional 12 states are facing a "potential" medical liability crisis. This crisis is not just about the availability and affordability of medical liability insurance for neurosurgeons, but most critically, it is about a looming problem of patient access to neurosurgical care. The most important findings of the survey showed that as a result of neurosurgeons’ premium increases: 43 percent of neurosurgeons plan to, or are considering, restricting their practices; 29 percent plan to, or are considering, retiring from practice; and 19 percent plan to, or are considering, moving their practices.

"The impact that this crisis is having on patients is significant and demands attention by our federal legislators. Many neurosurgeons are no longer performing high-risk neurosurgical procedures in an attempt to lower their professional liability insurance costs and minimize their risk of suit," said Roberto C. Heros, MD, President of the AANS and Co-Chair of the Department of Neurological Surgery at the University of Miami in Florida. "Based on data from our survey, it seems that brain surgeons are no longer performing brain surgery."

Mark N. Hadley, MD, a neurosurgeon at the University of Alabama – Birmingham and President of the CNS, echoed these remarks. "It is a devastating reality when patient care is compromised, as quality physicians are moving, retiring or restricting their practices in reaction to these escalating insurance premiums," said Dr. Hadley. "What this means for the public is that our patients may be denied crucial neurosurgical emergency medical treatment or they will have to travel greater distances to get the care they need. Critical life-saving time will be lost while searching for an available emergency room."

The AANS and CNS believe that federal legislation is necessary to address this national crisis and are actively seeking reintroduction and passage of the "Help, Efficient, Accessible, Low Cost, Timely Health Care (HEALTH) Act," This bill, which passed the U. S. House of Representatives last year, but was not considered by the Senate, is patterned after California’s Medical Injury Compensation Reform Act, or MICRA. For nearly 3 decades, MICRA has brought stability to the medical liability insurance market, while at the same time fully compensating injured patients for their legitimate injuries.

For more information on the impact of this crisis on neurosurgeons, visit http://www.neurosurgery.org/csns/csnssurveyreport092502.pdf

The AANS, founded in 1931, and the CNS, founded in 1951, are the two largest scientific and educational associations for neurosurgical professionals in the world. These groups represent approximately 5,200 neurosurgeons in the United States, Canada, Mexico, Europe and the Pacific Rim. Neurosurgery is the surgical specialty concerned with the prevention, diagnosis, treatment and rehabilitation of disorders that affect the spine, brain, nervous system, and peripheral nerves.