Herb Kohl: “Today the Senate once again considered medical liability reform bills--S. 22 and S. 23--both of which would impose an…”

“Today the Senate once again considered medical liability reform bills--S. 22 and S. 23--both of which would impose an arbitrary cap on the amount of noneconomic damages--pain and suffering awards--an injured patient can receive in a medical malpractice lawsuit. This is not the first time the Senate has dealt with such legislation. In years past, there were real problems with skyrocketing premiums that insurance companies were charging doctors. Even then, imposing damage caps was the wrong approach to address the issue and remains just as wrong today. A so-called reform based on arbitrarily capping pain and suffering awards is not a panacea. Studies show that passing a Federal medical malpractice law with damage caps will likely have no impact on runaway insurance premiums. Further, there is no promise that any savings insurance companies realize from such a law would be passed on to doctors. Moreover, we find that medical malpractice premiums have leveled off or are no longer increasing in both States with and without caps on noneconomic damages. A reasonable person could question why we are even considering this legislation when it appears the problem is abating. Nonetheless, some insist against all evidence that we need to pass these bills to save the health care system. Just as I have opposed similar damage cap bills in the past, I will oppose both S. 22 and S. 23. Wisconsin has thoroughly addressed this issue with great success.…”