Thursday, September 10, 2009
Republicans and conservative Democrats in support of health care reform want any plan adopted by Congress to include a curb on medical malpractice lawsuits. They argue that such a change would help bring down health care costs—by reducing the habit of lawsuit-jumpy doctors to over-prescribe medical tests and procedures for the sake of limiting their liability. But Democrats, both historically and presently, have not been fond of malpractice tort reform for fear of alienating one of the party’s most important contributors: trial lawyers.
Doctors, who badly want caps on malpractice awards, give generously to politicians too—but not as much as attorneys. According to OpenSecrets.org, political donations this year from health professionals—totaling $12.1 million—don’t even come close to the largess of lawyers and law firms, including trial lawyers, who have contributed $25 million.
In the 2008 presidential election, lawyers and law firms gave $43.1 million to Barack Obama’s campaign, while health professionals gave only $11.7 million.
Among the many health reform proposals introduced in Congress, only the bill adopted by the House Energy and Commerce Committee contains language seeking to reduce “frivolous malpractice lawsuits.” Even though the committee is chaired by a liberal Democrat, Congressman Henry Waxman of California, the plan was inserted because conservative Blue Dog Democrats insisted on its inclusion in order for them to support the health reform plan.
-Noel Brinkerhoff
Hoyer and Tort Reform: Read the Bill! (by Laura Smitherman and Paul West, Baltimore Sun)
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