Wall Street Journal Letter To The Editor Responds To Column In Support Of Medical Liability Reform

Main Category: Litigation / Medical Malpractice
Also Included In: Public Health
Article Date: 09 Jun 2008 - 5:00 PDT

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A Wall Street Journal column published in May "hit the nail on the head: Medical liability reforms, including a cap on noneconomic damages, work," which raises the question of "why ... every state (and Congress)" has not "passed meaningful tort reform," American Medical Association Board Member J. James Rohack writes in a Journal letter to the editor. He writes that the "answer is tangled up in the powerful lobby for trial attorneys, which has a vested interest in maintaining the status quo."

However, lawmakers in "states like Texas and California" have enacted laws to "ensure that while patients still get their day in court, physicians no longer have to fear devastating lawsuits," Rohack writes. He adds that the laws have led to reductions in malpractice insurance premiums and have allowed physicians in "high-risk specialties to continue delivering babies and conducting delicate surgeries."

AMA believes "reforms that include a $250,000 cap on noneconomic damages are the way to heal the medical liability system" and "strike the right balance to keep physicians caring for patients, while allowing patient access to the court system," according to Rohack (Rohack, Wall Street Journal, 6/6).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation.

© 2008 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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