Medical Malpractice and the Great Healthcare Debate

So-called “reform” of medical malpractice law has been in the healthcare debate.

At this time one “reform” has died.  The Ensign Amendment limiting attorneys’ fees failed to pass by a vote of 66-32 in the Senate.

     We applaud the senators who voted against fee caps.  A cap on attorney’s fee would have the chilling effect of discouraging lawyers from accepting medical malpractice cases.  If injured people cannot hire attorneys, then effectively, they will not bring cases.  Although fee caps supporters say that injured people will still have the courthouse open, by removing the lawyers it is like removing the front steps to the courthouse.   

Although medical malpractice “reform” has been a rallying call to some in the debate, the fact is that the cost of medical malpractice is no more than 1-1.5% of the entire cost of our healthcare system.  See our prior posts here.  See also our prior posts on the medical malpractice and Obamacare at I, II, III, and IV

Mark E. Seitelman, 12/7/09,



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