Legal Commentary

Obama Ready to Talk Tort Reform

By Jeralyn

President Obama enjoyed great support from trial lawyers in his presidential campaign. Even though, as I wrote here, he voted for a very bad tort reform bill.

So no one should be suprised he's now looking at reining in medical malpractice suits as a way to cut health costs. It's another one of his "middle ground" with Republican stances.

In closed-door talks, Mr. Obama has been making the case that reducing malpractice lawsuits — a goal of many doctors and Republicans — can help drive down health care costs, and should be considered as part of any health care overhaul, according to lawmakers of both parties, as well as A.M.A. officials.

He's not addressing capping lawsuit awards...at least not yet. [More...]

Restricting medical malpractice lawsuits is not the answer to our health care problems. Legislation pushing these lawsuits to the federal courts, as was attempted in 2005, is a bad idea.

The American system of civil justice provides a crucial means for ordinary middle-class citizens to hold powerful corporations and government agencies responsible for their actions. Congress should work to strengthen and preserve this system of accountability rather than seeking to limit corporate liability, restrict victims’ compensation, and obstruct access to the courthouse, as this bill and other legislation pending in 2006 seeks to do.

Full post as published by TalkLeft on June 15, 2009 (boomark / email).