First Quarter 2004
by Leona Egeland Siadek, Vice President, Government Relations
Election years, like 2004, usually mean that many state and federal tort reform efforts will be unsuccessful, scaled back, or watered down. Legislative leaders have traditionally viewed such controversial issues as too difficult to handle in election years. Because the public is now so aware of the crisis caused by high medical liability verdicts and settlements, we hope this year may be different.
Some Republican leaders see our issue as a plus for them, something that highlights the difference between the parties. We don’t want to see our issue go from policy to politics because we could easily lose Democratic moderates. And, being a Republican is no guarantee of being for tort reform. Let us all try to keep our issue in the good public policy column.
President George Bush has made it clear that he favors federal legislation containing provisions for solid caps on noneconomic damages. He continues to include statements in his various speeches that “for the sake of our health care system, we need to cut down on the frivolous lawsuits which increase the cost of medicine” and “medical liability reform is a national issue that requires a national solution.” (America’s Center, St. Louis, Missouri, January 5, 2004)
John Kerry does not support national limits on malpractice awards for pain and suffering. Instead, he would “prohibit individuals from bringing medical malpractice suits unless a qualified specialist has determined that a reasonable claim exists.” He supports “mandatory nonbinding mediation and opposes punitive damages in medical liability cases.” (National Journal, July 18, 2003)
