Posted On: October 21, 2006 by Christopher T. Hurley

Congress still trying to pass caps on victims of medical malpractice

The American Medical Association and many insurers have been trying to get the U.S. Congress to pass caps for years. The House passed caps on economic damages in 2005. The house bill limits pain and suffering awards for brain damaged infants, victims of wrongful death and others to $250,000. This bill has not passed out of the Senate and is not likely to do so before the next election.

There is also legislation proposed that would take medical malpractice cases out of the state courts and create a special health court whose members would supposedly have special expertise in medical issues. This sounds good on paper but it really depends on who gets to pick the experts. As the tobacco companies discovered many years ago -- for the right price --you can get experts to say anything. I am more comfortable having unbiased juries hear my cases.