Legal News

Will Obama Buck Dems on Medical Liability?

By Ashby Jones

It’s been part of the political status quo for as long as we can remember: Generally speaking, the plaintiffs’ bar supports Democrats, and Democrats typically resist lawsuit reform efforts of a variety of stripes, especially when it comes to medical malpractice cases.

But according to an NYT article out Monday, the winds might be shifting. As part of his bid to remake the nation’s health-care system, President Obama has reportedly been making the case that reducing malpractice lawsuits might be considered as a component of his health care overhaul.

Such an approach could run the risk of isolating Obama from Senate Democrats. But according to the Times, Obama views the issue a a potential "credibility builder,” a sort of offering to help keep Republicans and others at the negotiating table. Obama could provide further details on Monday at a speech to the American Medical Association, though the NYT reports that much specificity is unlikely to come so soon.

Obama has not endorsed capping malpractice jury awards, as did his predecessor, President George W. Bush. But as a senator, he advanced legislation aimed at reducing malpractice suits.

But to deliver a deal with doctors, Obama would probably have to defy senior members of his party in both houses of Congress. Many Dems oppose putting limits on medical lawsuits because they believe it is ineffective and unfair to patients. Senator Harry Reid of Nevada, the Democratic leader, has, for instance, called “the whole premise” of a presumed medical-malpractice crisis “unfounded.”

And any effort to restrict patients' legal rights to sue will face tough opposition from the American Association for Justice, perhaps not surprisingly. Linda Lipsen, the association's chief lobbyist, said practice guidelines were established by unregulated medical societies and "should not be conclusive" in a court of law.

Full post as published by Law Blog - WSJ.com on June 15, 2009 (boomark / email).