Limit malpractice lawsuits, DeMint, Frist say

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They said trial lawyers also would take a pay cut.

Frist, a surgeon, campaigned with DeMint in Columbia, meeting with doctors at Palmetto Baptist Medical Center to promote medical liability reform.

"Another day, another D.C. insider," said Kay Packett, spokeswoman for Democratic candidate Inez Tenenbaum. "We hope the majority leader will enjoy South Carolina's hospitality. We also hope he and his D.C. friends will remember that this is not Washington's election — it is ours."

Frist and DeMint called for limits on jury awards, lower attorneys' fees and shared liability in malpractice cases.

DeMint, the incumbent 4th District congressman from Greenville, told the medical group, "In South Carolina, and across America, personal injury lawyers are driving doctors out of the medical profession and limiting options for patients.

"Junk lawsuits do not heal people, but simply impose needless costs and prevent many from getting the care they need."

DeMint and Tenenbaum are in partial agreement on the issue.

Tenenbaum said she, too, opposes frivolous lawsuits and supports sanctions against lawyers who file them, Packett said. In addition, Tenenbaum would require medical experts to certify that a lawsuit has merit before it can be filed.

But Tenenbaum doesn't think Congress should interfere with a state's right to determine appropriate compensation for victims of medical malpractice.

Tenenbaum agrees with Republican Sen. Lindsey Graham, Packett said, supporting a "sensible approach" that strikes a balance between protecting the rights of victims against abuses by large corporations and medical providers while minimizing abuses of the federal court system.

DeMint said Congress "must work toward a system in which all Americans can purchase their own health plans, choose their own doctors and receive the help they need" while curbing restrictions on the medical community and the power of insurance bureaucrats.

DeMint outlined what he would support in the Senate, including:

* Limiting non-economic damages to $250,000.

* Allocating damages in proportion to a party's degree of fault.

* Allowing patients to recover damages, such as future medical expenses and loss of future earnings, while maintaining the $250,000 non-economic damages cap.

* Placing reasonable limits on punitive damages.

* Restricting attorneys' fees to a percentage of jury awards.

* Limiting the number of years a plaintiff has to file a health liability action to ensure that claims are brought while evidence and witnesses are available.

DeMint voted with a House majority that passed the Help Efficient, Accessible, Low Cost, Timely Health Care (HEALTH) Act, to limit frivolous and junk lawsuits. The bill failed in the GOP-controlled Senate.

He owned a marketing research firm before his election to Congress. Tenenbaum, the state's education superintendent, is an attorney.

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Dan Hoover covers politics and can be reached at 298-4883.