Medical Malpractice
Pelosi Health Bill Has ‘Buried Tort Bomb’ Discouraging Damages Caps
Posted Nov 12, 2009, 06:57 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… Continue reading...
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