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Tort Cure.(ISSUES & INSIGHTS)(EDITORIALS)(Editorial)

Investor's Business Daily

| August 01, 2005 | COPYRIGHT 2005 Investor's Business Daily, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Health Care: As Congress mulls malpractice limits, a recent study shows that states with damage caps have more doctors. The others settle for richer lawyers.

The House on Wednesday gave medical tort reform another try, passing its third such bill in three years on a 226-201 vote. As with previous versions, the measure would put a $250,000 cap on noneconomic malpractice damages, following the lead of five states that do so now. Those earlier bills died in the Senate, and this one will face the same head wind from the trial-lawyers' lobby.

But the Senate has changed a bit. The last election made it more Republican, and its 72-26 vote on Feb. 10 to approve class-action reform (a measure earlier blocked by filibuster) suggests the plaintiff's bar can no longer count on it to keep the gravy trains running.

On top of that, the case for reform keeps getting stronger.

It has always been obvious that caps on pain-and-suffering awards reduce the economic risk of practicing medicine and insuring physicians. It's equally obvious that caps reduce the potential bonanzas for contingency-fee lawyers.

Now it turns out that such reform may increase the supply of doctors, especially in underserved rural areas.

A study published in May-June issue of the journal Health Affairs compared the per capita number of physicians from 1970 and 2000 in states with and without caps on noneconomic damages.

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