DeMint touts plan
for tort reform
JENNIFER
HOLLAND Associated
Press
GREENVILLE, S.C. - Republican U.S. Senate
candidate Jim DeMint said Thursday he supports a federal plan to
curb frivolous medical malpractice lawsuits that he said are nothing
but get-rich schemes for lawyers.
DeMint was joined by U.S. Senate Majority Leader Bill Frist,
R-Tenn., who said Republicans want to rein in court awards that are
forcing doctors out of business and causing the cost of health care
to skyrocket.
"The idea of reforming is not taking away the right to sue,"
DeMint said. "What we're trying to do is to take away just the legal
jackpot opportunity that benefits a few lawyers, but it adds to the
cost of and reduces the access for every other patient."
Frist said patients who have been injured should receive full
economic damages, but there should be a cap on non-economic damages,
such as pain and suffering.
He also wants to limit the amount of money attorneys could
receive from an award given to a patient.
Currently, attorneys can take up to half the settlement, giving
lawyers an incentive to bring lawsuits.
DeMint, a three-term congressman, has supported similar
legislation in the House, but it has been stalled in the Senate.
His opponent, Democrat Inez Tenenbaum, agreed there should be
efforts to weed out lawsuits based on merits, even suggesting
sanctions for lawyers who file frivolous lawsuits, but says it
should be left up to the states.
"I would never interfere with a state's right to determine
appropriate compensation for victims of medical malpractice," said
Tenenbaum, who practiced law for six years and is now the state
education superintendent.
Efforts to push tort reform through the Legislature died when the
session ended in June. But earlier this week, Gov. Mark Sanford said
he would work to pass legislation next year.
DeMint and Frist each said it is a federal issues because health
care costs are skyrocketing and it's diminishing care for
patients.
"Today, we're in crisis," Frist said. "States have failed to
address (the problem) and the longer we wait, the bigger the crisis
is. Why is that? Because the personal injury lawyers have a hold on
state government. Their lobbying is so powerful."
DeMint said he wants a similar system in every state.
"What I hope we'll do is have a basic umbrella, basic caps, basic
rules about the frivolous lawsuits and then the states, like South
Carolina, can compete to have the best legal environment for
physicians to practice," DeMint said.
That, he says, will attract the best doctors to states with
strong regulation of lawsuits.
"To say it's just a state issue doesn't take in account that a
lot of the payments now for health care and the actual design for
what patients can get is coming through the federal government and
Medicare and veterans benefits."
DeMint and Frist agreed it should be up to states to determine
how to judge the merits of lawsuits before they are allowed in
court.
"You make a case that there may be a patient that deserves $50
million, but at the cost of our total health care system, it doesn't
make sense," DeMint said. "And whether it's my own family or
whoever, we cannot continue this system because it's clearly hurting
health
care." |