Update on Trial Lawyer Protection in Health Care Bill

November 6, 2009

Earlier this week I reported on the effort underway in Congress to punish states that have solved the medical liability crisis by enacting caps on non-economic damages.  Now, Congressman Henry Cuellar – a Blue Dog Democrat from Texas – won a “pre-emption” provision that would allow states with caps already on the books to keep those reforms in place and remain eligible for incentive payments under the House health care reform bill.
Great … but what about states that are looking to follow the lead of Texas, California and others who have reduced medical liability premiums and improved access to health care through tort reform? 

This “sweetener” may win a few extra votes, but it slams the door on any further, meaningful action to curb frivolous medical liability lawsuits in states that haven’t enacted caps.  It also shows the outsized influence that $100 million in campaign contributions can win in Congress.

Posted by in the categories: Texas, Tort Reform


One Response to “Update on Trial Lawyer Protection in Health Care Bill”

  1. More On Health Care Bill Trial Lawyer Protections | American Courthouse on November 12th, 2009 5:37 pm

    [...] Last week I called attention to the trial lawyer protections that were in the health care reform legislation the House was preparing to bring to the floor for a vote.  Well, those provisions made it into the final bill that passed in the middle of the night last Saturday. [...]