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Medical Liability Reforms: Comparison of the Candidates’ Proposals

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Medical Liability Reforms: Comparison of Candidate’s Proposals

Bush-Cheney1

Kerry-Edwards2

  • Supports a $250,000 cap on non-economic damages and a reasonable cap on punitive damages.
  • Supports limiting a party’s share of total damages to their proportionate share of blame for the injury inflicted.
  • Supports action to allow providers to review best practices without fear of litigation.
  • Opposes capping damages.
  • Supports limiting lawsuits to cases where a qualified specialist determines a reasonable claim exists.
  • Supports sanctions for claims and defenses without merit, including the loss of lawyers’ ability to file these suits.
  • Supports requiring non-binding mediation before a lawsuit can be brought.
  • Supports punitive damages only for intentional misconduct, gross negligence or reckless indifference to life.

1http://www.georgewbush.com.
2http://www.johnkerry.com.