Bush wants Limits on Medical Malpractice Victims Recovery

Hoping to take advantage of Republicans' new control of both houses of Congress, President Bush has proposed a limit of $250,000 in damage awards for medical malpractice lawsuits.

Amid growing protests from doctors that malpractice insurance premiums are pricing them out of their profession, Bush made his announcement during a visit to Scranton, Pennsylvania. He will contend that "frivolous lawsuits" are driving up health care costs.

Aides said Bush would propose a limit of $250,000 in noneconomic damage awards -- most for "pain and suffering" -- and an undefined, "reasonable" cap for punitive damages for medical malpractice lawsuits.

With the Senate now controlled by his Republican Party, Bush hopes to make progress on what the White House considers a major legislative agenda item for this year.

The issue of capping medical malpractice awards has been discussed in Congress for years. Republicans, likely to get financial help from insurance companies, favor them.

Four Democratic senators wrote a letter to Bush Wednesday opposing his proposal, saying it would deprive seriously injured patients of fair compensation, and do nothing to guarantee doctors could obtain malpractice insurance at a fair price. "The real beneficiaries of these proposals would be insurance companies, not patients and not doctors," they said.

The four were Sens. Edward Kennedy of Massachusetts, Patrick Leahy of Vermont, Richard Durbin of Illinois and John Edwards of North Carolina. Edwards, a former trial lawyer, is running for the Democratic nomination to oppose Bush in the 2004 presidential race.

Three consumer groups said they would protest Bush's proposals: The Center for Justice & Democracy, Pennsylvania's Citizens for Consumer Justice and California's Foundation for Taxpayer and Consumer Rights.

Please see our other pages on this issue:
tort reform or tort deform?
medical malpractice crisis "phony"
contact your Senator or Representative
Medical board criticized for lack of enforcement
medical malpractice insurance fact sheet
Doctor against damages cap
Verdicts not cause of crisis"
Medical Malpractice FAQ's
Medical Malpractice myths and facts
Medical Malpractice Verdicts and tort reform

Find an Attorney in your State: