December 20, 2004

OUR DOCTORS VS. THEIR LAWYERS:

Debate on Malpractice Looms for Senate: The question of limits on malpractice lawsuits is likely to be one of the first of President Bush's campaign issues that Congress takes up in the new year. (DAVID E. ROSENBAUM, 12/20/04, NY Times)

"We've done it before, and it's a pretty well-worn path," said John P. Feehery, the spokesman for Speaker J. Dennis Hastert.

Seven times since Republicans gained control of Congress in 1995, the House has passed legislation to curb medical malpractice claims. Each time the measure has been blocked in the Senate, falling well short of the 60 votes needed to bring the matter to a vote.

With their larger majority in the Senate after last month's elections, Republican leaders say they expect to prevail next year.

"This is a majority priority," Senator Bill Frist of Tennessee, the majority leader, said in an interview. "I am convinced that over this Congress, we will have a meaningful federal solution."

Democrats say they still have the votes to stop the legislation.


Win or lose, it's a great issue for the GOP because it so estranges Democrats from business and so closely identifies the Democratic Party with shysterism.

Posted by Orrin Judd at December 20, 2004 9:26 AM
Comments

Win or lose, it's a great issue for the GOP because it so estranges Democrats from business and so closely identifies the Democratic Party with shysterism.

But wait, there's more: Successful passage would also hit a MAJOR Democratic fundraising group -- not to mention a collection of evil, scumsucking lowlives -- right in their pocketbooks.

Posted by: Matt Murphy at December 20, 2004 10:01 AM

Taking the pretty much the entire malpractice nightmare away from the courts and putting it into mandatory arbitration would go a lot further to reducing costs and preserving fairness, as well as creating more accurate results, than anything else we could do.

Posted by: Bart at December 20, 2004 10:26 AM

Arbitration is a short term fix. Judicial review will ensure that a plethora of substantive and procederal formalities will quickly develop and it will become as complicated, expensive and time-consuming as litigation. Just ask anyone in labour relations.

The solution is to find a way to cap punitive and general (pain and suffering) damages.

Posted by: Peter B at December 21, 2004 7:37 AM
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