San Jose Mercury News, "Malpractice Insurance Crisis Would Best Be Solved By States"
With so much spinning of facts and contortions of logic, the debate over a national cap on medical malpractice awards is turning into a three-ring circus. It's hard to know which ring deserves the most notice as insurance companies, physicians and trial lawyers compete loudly for attention from congressional hearings that begin today. Then there are the victims of malpractice and their relatives, whose tales of death, disfigurement and disability inspire outraged juries to add large "pain and suffering" awards. President Bush entered the fray last month by calling for a federal law capping "pain and suffering" awards at $250,000, similar to California's 1975 Medical Injury Compensation Reform Act. Many other states now face rapidly increasing malpractice insurance rates, causing doctors to refuse patients or leave the state. A federal law seems a quick fix.