Obama’s Malpractice Gesture
16th June 2009
Mr. Obama’s cri de coeur might have had more credibility had he not specifically ruled out the one policy to deter frivolous suits. “Don’t get too excited yet,” he warned the cheering AMA members. “Just hold onto your horses here, guys. . . . I want to be honest with you. I’m not advocating caps on malpractice awards.” In other words, the tort lottery will continue. California, of all places, has had great success in holding down liability costs for doctors and hospitals after a 1975 reform that limited pain and suffering damages — balanced against the public interest of fairly treating victims of genuine malpractice.