AMBULANCE CHASERS VS. AMBULANCE GREETERS:

A Push in States to Curb Malpractice Costs (JAMES DAO, 1/14/05, NY Times)

The impending battles over malpractice costs have in some states been wrapped in the broader cloak of "tort reform," intended to restrict the civil liability of many types of businesses. They also come at a time when President Bush has pledged to push for federal restrictions on medical malpractice lawsuits.

But in most of the states, soaring malpractice premiums have been the driving force for the campaigns - in part because compelling stories about doctors and their patients have put human faces on the larger issue. In some regions, soaring premiums have led doctors to strike, stop delivering vital services and even quit.

"Medical malpractice costs have driven tort reform across the country," said Gretchen Schaefer, spokeswoman for the American Tort Reform Association, a nonprofit group that advocates restrictions on a wide range of personal injury lawsuits. "When you get an issue like that, where people are feeling the impact, having to do things like drive across state lines to have babies, it opens the door to a broad discussion of our class action system."

The movement to restrict litigation is being propelled mainly by Republicans, led by a new generation of first-term governors. In Mississippi, Gov. Haley Barbour, the former chairman of the Republican National Committee, pushed restrictions on litigation through the Legislature last year then went on a "tort tour" to urge other governors to do the same.

In Kentucky, Gov. Ernie Fletcher, a doctor and former congressman, also made malpractice costs a priority after taking office last year, but failed to get legislation enacted. He has pledged to try again this year.

And in Maryland, Gov. Robert L. Ehrlich Jr., who also came from the House Republican caucus, took a page from Mr. Barbour, calling the General Assembly into special session late last year to combat the high cost of malpractice insurance.

On Monday, Mr. Ehrlich vetoed a bill approved by the Democratic-controlled legislature that he considered too weak. The legislature overrode his veto on Tuesday.

Significant measures to restrict lawsuits are considered likely to pass in several states, including Georgia and Missouri, where Republicans now control the executive and legislative branches.

The issue is potent enough that Democrats in some states, like Illinois, Pennsylvania and Virginia, have begun to push lawsuit limits, even as the Democratic leadership in Congress resists such proposals.

The battles pit two of the nation's most powerful campaign contributors: trial lawyers and doctors.

In branding your political party, no one would choose to be associated with lawyers over doctors.

Posted by Orrin Judd at January 15, 2005 12:00 AM