Medical Malpractice
Pelosi Health Bill Has ‘Buried Tort Bomb’ Discouraging Damages Caps
Posted Nov 12, 2009 6:57 AM CST
By Debra Cassens Weiss
Buried in a health bill sponsored by House Speaker Nancy Pelosi is a provision that discourages caps on damages and attorney fees.
The bill says states with such caps can’t qualify for incentive payments to develop alternative medical liability laws, the Wall Street Journal reports in an editorial that criticizes the provision. Although the bill promotes alternatives designed to discourage frivolous suits, the newspaper doesn't particularly like them.
“Holy Bill Lerach,” the Wall Street Journal writes. ‘Huge contingency fees and damage awards are the mother's milk of frivolous lawsuits. That's why 30 states have adopted caps on awards as the core of their reform, with huge success.”
Among the alternatives encouraged by the Pelosi bill: a requirement that lawyers obtain a certificate of merit from an expert before suing. States may also enact early offer rules designed to encourage settlements.
The Wall Street Journal says the options are “watered down alternatives” to damages caps and calls the bill a “hidden Pelosi tort bomb.”
Additional coverage:
New York Post: "Tort-bar treat"
The Hill's Blog Briefing Room: "House healthcare bill cuts incentives to states that cap attorney fees, damages"
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Comments
Liz
Nov 12, 2009 10:09 AM CST
I’m not sure how the WSJ defines “with huge success,” but generally states with tort reform have found it made little to no difference in insurance premium costs. I’m not saying tort reform is totally useless. Just that it’s not all that useful. At best it’s a wash. Politicians have a talking point, doctors feel a little safer, everything goes on as usual - except, of course, for the people who are maimed or killed by negligence.
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Ethics
Nov 12, 2009 10:45 AM CST
A particularly wise person uses the following tag ine on his e-mail: “Imagine if the government took away David’s sling and gave it to Goliath! Now you understand tort reform.”
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AndytheLawyer
Nov 12, 2009 10:47 AM CST
Liz is correct. “Tort reform” may mean less insurance company health care payouts (or “premium leakage,” as insurers routinely refer to money going out rather than coming in). But its far more likely that those savings will translate into higher upper management salaries and bonuses rather than lower policyholder premiums.
That, of course, is just fine with those in Congress supporting “tort reform,” who well know that a certain percentage of those saved sums will be earmarked for their campaign coffers.
Question for the “tort reform” proponents—Are you saying that no doctors are incompetent and that all drugs and medical devices perform as specified, without damage to the patients?
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Tort Suits Rule
Nov 12, 2009 11:05 AM CST
That’s great news about getting rid of the tort caps. The government needs to stay out of tort lawsuits and attorney fees for taking these risky, high dollar cases. Otherwise, there is little incentive to take a case.
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tim
Nov 12, 2009 11:47 AM CST
An expert in the legal sense doesn’t mean anything. Everyone knows you can buy an expert opinion on any topic you want.
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Jeremy Engdahl-Johnson
Nov 12, 2009 6:44 PM CST
Today’s medical professional liability system is too adversarial and too expensive. There are alternatives. More at http://www.healthcaretownhall.com/?p=1779
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P. Bryson
Nov 13, 2009 11:20 AM CST
I have to wonder about the conservatives who are moaning about the lack of federal med-mal caps. What ever happened to the conservative belief in federalism?
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