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[Replaced_Texan]

Originally posted by taxwonk
It's Friday. Abortion's already at the plate. Let's put another fun topic on deck.

The Administration is all atwitter about so-called tort reform, particulary in med mal, arguing it's driving up health care costs and driving docs out of town. Bush insists that if we don't put a cap on pain and suffering and punitive damages, we'll all be forced to become home surgeons and midwives.

Suppose we put a cap on pain and suffering damages at, say, $250,000. And suppose we cap punitives at the lesser of $100,000 per year of the plaintiff's life expectancy or $2.5 million. That would, according to the insurance industry and their paid shills -- er, duly elected government officials -- dramatically reduce insurance costs, thus keeping doctors around and lowering health care costs for everyone.

Okay, I'll bite. But here's the catch. The legislation enacting "tort reform" also has to spread the benefit of these cost savings. Medical liability insurers, health care insurers, health care providers, and pharmaceutical companies all have to reduce their rates and charges, across the board, by some percentage, say 15%.

Anybody still interested in tort reform if the benefit doesn't stay in their shareholders' pockets?

Background reading from my home state.