Election year issue: doctors push for liability caps.(News)

For many physicians, the arguments on medical liability reform boil down to caps.

"We think that a cap [on noneconomic damages] is critical to any kind of liability reform," said Dr. Angela F. Gardner, who is an emergency physician in Dallas and a member of the board of directors of the American College of Emergency Physicians.

The presidential candidates have clearly different positions on caps. President George W. Bush favors a $250,000 cap on noneconomic damages, while the Democratic challenger Sen. John F. Kerry (D-Mass.) opposes capping any damages, according to the candidates' Web sites.

President Bush's position is that caps will hold down premiums by keeping jury awards from spiraling out of control. Lower premiums will mean lower costs for doctors and greater access to care for patients.

But Sen. Kerry's position is that caps just don't work and hurt patients who have suffered serious injuries due to malpractice.

Instead, Sen. Kerry proposes limiting punitive damages to cases in which there is proof of intentional misconduct, gross negligence, or reckless indifference to life. He also proposes keeping frivolous cases out of court by prohibiting medical liability cases from going forward until a qualified specialist determines that a reasonable claim exists.

Sen. Kerry would also require states to make nonbinding mediation available in all cases before allowing plaintiffs to proceed to trial on any medical liability claim.