Bush and Kerry on the issues: Medical malpractice

Sunday, October 10th 2004, 11:23 am

By: News On 6

Three times a week, The Associated Press picks an issue and asks President Bush and Democratic presidential candidate John Kerry a question about it. Today's question and their responses:

MEDICAL MALPRACTICE: Do you support a federal cap on medical malpractice awards as a way to restrain health insurance costs?

Bush: ``Yes. Our litigation system is terribly broken and Americans are paying the estimated $100 billion cost of junk lawsuits. I have proposed a commonsense reform plan that will lower health care costs and maintain strong doctor-patient relationships by reducing frivolous lawsuits and making the liability system more fair, predictable and timely. My proposal would ensure that injured persons are fully compensated for their economic losses, while reasonably limiting non-economic damages to $250,000. It would also reserve punitive damages for cases in which they are justified, ensure that old cases cannot be brought years after an event, and provide that defendants should pay judgments in proportion to their fault.''

Kerry: ``As president, I will require that a qualified specialist certifies a medical malpractice case's merit before it is allowed to move forward. I will also work with states so we have nonbinding mediation in all malpractice claims before cases proceed to trial. Lawyers who file frivolous cases would face tough, mandatory sanctions, including a 'three strikes and you're out' provision that forbids lawyers who file three frivolous cases from bringing another suit for the next 10 years. I also oppose punitive damages _ unless intentional misconduct, gross negligence, or reckless indifference to life can be established. Finally, I will work to eliminate the special privileges that allow insurance companies to fix prices and collude to increase medical malpractice premiums.''