Bush Makes Push For Malpractice Caps

Presses Congress To Pass Bill Limiting Medical Liability

(CBS)  Despite the front-page case of the young woman who died after receiving heart and lung transplants of the wrong blood type, President Bush still thinks there ought to be limits on awards for pain and suffering, and for punitive damages, reports CBS News Correspondent Mark Knoller.

"Without fair and reasonable limits, the legal system looks more and more like a lottery," Mr. Bush told the American Medical Association on Tuesday.

Continuing that metaphor, the president won a thunderous ovation from his audience of doctors when he went on to say that trial lawyers are holding the winning tickets in many malpractice lawsuits.

The doctors' group has been at the forefront of the push for malpractice reform, complaining that physicians are being forced to move to other states or curb their medical practices because of the rising cost of malpractice insurance.

The AMA and the Bush administration released separate reports Monday saying the situation for doctors was worsening across the country.

"We have a problem in America," Mr. Bush said. "There are too many frivolous lawsuits against good doctors, and the patients are paying the price."

"No good doctor should be forced to leave a community they know and people they love simply because of the cost of insurance," he said.

Mr. Bush is pushing Congress to pass a bill limiting medical liability.
Democrats, however, have complained that the proposal is a boon for insurers and unfair to victims of doctors' mistakes.

"He (Mr. Bush) speaks of compassionate conservatism, but shows no compassion for the victims of medical malpractice," Rep. John Conyers of Michigan, the leading Democrat on the House Judiciary Committee, said Tuesday.

The legislation was to begin moving out of the various House committees this week, with approval from the House Energy and Commerce health subcommittee expected late Tuesday. Debate before the full House of Representatives is scheduled for next week.

The legislation would limit to $250,000 non-economic damages — compensation for life-altering injuries like the loss of sight or limbs or the death of a child.

There would be no cap on economic damages — out-of-pocket costs like lost wages, medical costs or funeral expenses.

Punitive damages — those that punish a physician for serious mistakes — would be limited to twice the amount of economic damages awarded or $250,000, whichever is greater.

Patients' ability to file lawsuits over old cases would be limited, as would attorney's fees.

Many Democrats, as well as the Association of Trial Lawyers of America, have complained that the cap on non-economic damages is unfair to people like housewives, children or the poor, who would be unable to show any loss of wages.

The medical liability issue was brought into focus last month by the story of Jesica Santillan, the teenager who died two days after receiving her second heart-lung transplant. Her body rejected her first transplant after doctors at Duke University Hospital said they didn't check the compatibility of Jesica's blood type before surgery began.

The family's lawyer said they were considering legal action.

"When you lose a loved one, our system, any system, can't replace that. A loss of life is irreplaceable," said attorney Kurt Dixon. "But money damages are the only thing that we can do. That's what we're left with. We can't bring her back."