Medical Malpractice/Tort Reform: In recent years, the number of medical malpractice suits has been growing dramatically. More Americans have become plaintiffs in major malpractice suits, often with thousands of plaintiffs for a single case. Trial results have been varied from defendants winning cases to juries awarding hundreds of millions of dollars to plaintiffs. As a result, medical liability insurance premiums are soaring to the highest rates since the mid 1980s. A bill regarding Medical Malpractice suits (HR1124) was introduced in the House of Representatives on March 6, 2003 but currently has been referred to the House Subcommittee on health. Similarly, in the Senate bill S1374 was introduced on July 8, 2003 has been referred to the Senate Committee on Finance.

John Kerry:

Description of the candidate's position: Kerry considers medical malpractice reform a key part of his health care plan. He calls for a national system that will weed out meritless lawsuits while maintaining patients' rights. Senator Kerry maintains that lawsuits should be the last, not the first, line of defense against low-quality health care. His plan for medical malpractice reform includes several components.

This includes requiring individuals making medical malpractice claims to go before a qualified medical specialist to make sure a reasonable grievance exists, require states to ensure the availability of mediation in malpractice claims before cases proceed to trial, support sanctions against plaintiffs and lawyers who bring frivolous claims, including a "three strikes and you're out" provision preventing lawyers who file three frivolous cases from bringing another suit for 10 years, oppose punitive damages unless intentional misconduct, gross negligence, or reckless indifference to life can be established.

Finally, Senator Kerry opposes capping punitive damages for medical malpractice claims. Information link.

Quotation from the candidate: "And we'll do a better job of holding down medical malpractice costs. No one should ever prevent patients who have been harmed from seeking justice. But we need a national system in place that will weed out the irresponsible lawsuits without taking away patient's rights. Lawsuits that have no basis in facts have no place in our courts. And when I'm President, they'll be gone." March 6, 2004 from the Kerry website.

Assessment of the proposal:

Positive: Doctors and Nurses for Kerry, an organization formed in support of John Kerry's stance on health care has clearly endorsed John Kerry. This is because "Kerry and Edwards' proposals for solving the malpractice crisis include encouraging arbitration rather than use of the legal system, elimination of most punitive awards (which are responsible for many of the large malpractice settlements), and efforts to reduce frivolous suits." Doctors and Nurses for Kerry website.

Negative: The American Tort Reform Association (ATRA), is a broad based, bipartisan coalition of more than 300 businesses, corporations, municipalities, associations, and professional firms who support civil justice reform. The ATRA has specific concerns regarding Kerry's choice of a running mate.

"Senator Edwards has consistently supported a pro-litigation, anti-civil justice reform agenda that puts his wealthy personal injury lawyer patrons ahead of the American people," said ATRA President Sherman Joyce. ATRA website

Comparison: President Bush has expressed similar concern over medical malpractice, and has taken a similar stance for reforming this area. This includes measures such as prioritized alternative dispute resolution, penalties for frivolous lawsuits, and examination by a qualified medical official before placing claim. President Bush, however, feels that a cap should be placed on punitive damages in medical malpractice cases at $250,000 dollars in order to lessen rising medical liability premiums.

Sources: All sources are linked to the relevant passage.

Link to Bush's malpractice issue page