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: Personal Injury and Social Security Disability Blog

Trial Lawyers Unhappy With Tort Reform Concessions in State of the Union Speech

By Robert Kraft

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The Hill reports in its "Healthwatch" blog, "President Obama's State of the Union speech" was "already causing consternation among trial lawyers, half an hour before he even" delivered it. "According to his remarks as prepared for delivery, Obama" planned to "throw a bone to Republicans by vowing to take up medical malpractice reform," which "usually means a $250,000 cap on non-economic damages and other restrictions." The Hill notes, "The remarks outraged Center for Justice & Democracy Executive Director Joanne Doroshow, who testified last week before the House Judiciary Committee that lawmakers should not try to 'reduce health care costs on the backs of injured patients.'"

House members ask Obama to support overhaul of medical malpractice laws. CQ HealthBeat reported, "Two House Republicans and a Democrat on Monday urged President Obama to back an overhaul of medical malpractice laws in his State of the Union address, following their introduction of legislation to reduce the number of claims filed against doctors." CQ says "the measure, proposed by Judiciary Committee Chairman Lamar Smith, R-Texas, Phil Gingrey, R-Ga., and David Scott, D-Ga., is dubbed the HEALTH Act and resembles legislation proposed by Gingrey in years past that failed to make it further than the House floor." Notably, the proposed law "would cap non-economic damages in lawsuits at $250,000, similar to a state law in California, and establish a three-year time limit following the date of injury by which most claims would have to be filed."

From the American Association for Justice news release.

 

Full post as published by Personal Injury and Social Security Disability Blog on January 27, 2011 (boomark / email).

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