Tort reform is a key aspect that must be included in any health care reform bill. Unfortunately, the latest bill, H.R. 3962 explicitly removes any cap on legal damages or attorney fee’s, as illustrated on page 1432, section 4a and 4b:
(4) CONTENTS OF ALTERNATIVE MEDICAL LIABILITY LAW.—The contents of an alternative liability law are in accordance with this paragraph if—
(A) the litigation alternatives contained in the law consist of certificate of merit, early offer, or both; and
(B) the law does not limit attorneys’ fees or impose caps on damages.
Malpractice insurance is one of the largest expenses a physician incurs and that cost is passed on, which directly increases the cost of healthcare. If this bill truly intended to drive down the cost of health care, tort reform would be included. The fact that it explicitly removes any limits on attorneys’ fees or caps on damages clearly indicates which special interest group has a stake in this bill and it isn’t a patient advocacy group.
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