“Congresswoman: Tort reform to be a part of final health care bill”

by Walter Olson on October 12, 2009

Or at least something traveling under that name, if Rep. Doris Matsui (D-Calif.) is right. [Legal NewsLine] More: “CBO: Tort reform would reduce deficit by $54 billion” [Ed Morrissey/Hot Air] Liability insurance premiums in Georgia fell by 18% after state capped noneconomic damages [American Medical News]

{ 1 comment }

1 Patrick 10.12.09 at 5:06 pm

Too bad no one really believes in the ideals of federalism anymore. Shouldn’t this be a state issue? And as your post suggests are not states already confronting this of their own volition? i.e. Georgia (as your post demonstrates) and Mississippi (as an earlier post suggested). In fact the majority of states in recent years have taken some steps to deal with medical malpractice lawsuits. If some states want to pass tort caps (which they have) and some states do not want to pass tort caps (which some don’t) why not let the individual state citizens decide through their state governments what system they want. Or does the federal government know what is best for us?

If the two systems (caps vs. non-caps) which now exist result in significantly lower insurance premiums in “capped” states wouldn’t the free market system then dictate one of two things: 1) Doctors legitimately moving from states with no caps to states with caps; or 2) states with no caps under direction of their state government enact their own laws to encourage doctors to stay in their state whether it be via passing caps or other measures.

Its pathetic how those same individuals who rail against the expanding power of the federal government at every instance, now run to the federal government to define the limits of state tort law.

Comments on this entry are closed.