January 16, 2003

Well, now we know what the Republican solution to exorbitant medical costs is: blame the lawyers. Or rather, attempt to punish victims of medical quackery by proposing a law for no other reason than to slap a potential opponent in next year's election, John Edwards. Explain again, how does putting a cap on pain-and-suffering damages discourage frivolous lawsuits? I mean, if a lawsuit is frivolous, there aren't any damages to begin with; thus, there's nothing to cap. And if a jury awards a patient huge damages, then, at least according to the twelve people who heard the case, that lawsuit wasn't frivolous.

Bush's latest stunt is in the same tradition as basing the entire policy for education reform on blaming the teachers' union. In fact, passing the president's latest proposal will increase lawsuits, even if it works as advertised, since incompetent doctors are less likely to be weeded out by increasing malpractice costs. As I noted when discussing last year's bankruptcy "reform" bill, an enterprising lawyer will always know how to game the system to his advantage.

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