President Bush called on Congress to pass legislation capping medical malpractice damages during a speech in Scranton, Pennsylvania Thursday. Saying that the medical liability system was "broken," Bush urged lawmakers to limit non-economic damages at $250,000, with an unspecified cap on punitive awards.
The debate between physicians and trial lawyers over malpractice damages has intensified in recent months. Doctors allege large malpractice verdicts have caused their insurance premiums to soar, forcing many physicians to leave their practice. Trial attorneys, however, believe the rise in rates is due to poor investment decisions made by insurance companies. The issue gained national attention January 1 when two dozen West Virginia physicians took leaves of absence at four state hospitals to protest the insurance crisis.
Since the mid-1990s, the House of Representatives has approved numerous bills limiting malpractice cases, but all have failed to pass in the Senate. The Bush Administration is hoping the now GOP-controlled Senate will approve the proposed legislation this year.