Bush, states considering tort reforms

Massachusetts and Pennsylvania are among states seeing movement.

By Tanya Albert, AMNews staff. Oct. 6, 2003.

Medical liability reform is still high on the autumn to-do lists of many politicians, including President Bush, who again brought up the topic in a Sept. 20 radio address.

Bush pointed out that he has called for reasonable federal limits on medical malpractice lawsuits, and he said the country needs to address the problem of frivolous litigation. "We need effective legislation that will make sure that settlement money from class actions and other litigation goes to those harmed and not to trial lawyers," he said.

The House already passed reforms that include the $250,000 cap on noneconomic damages favored by Bush and the American Medical Association. The Senate, narrowly controlled by Republicans, has yet to pass reforms that contain a cap. Democrats stopped an effort earlier this year.

Meanwhile, states continue to try to make their own changes to address problems that have caused physicians to leave their states, retire early or discontinue high-risk procedures because they can't find insurance or afford the plans that are available to them.

• In Connecticut, Gov. John G. Rowland Sept. 16 proposed tort reform that included a $250,000 cap on noneconomic damages. The Legislature has a special session scheduled for October.