Malpractice reform is dead; long live malpractice reform: President Bush's plan to revamp the nation's medical malpractice system looked like a slam-dunk at the beginning of this year. But on July 9, a Senate malpractice-reform bill failed to achieve filibuster-proof support - Eye on Washington

Healthcare Financial Management, Sept, 2003 by Jeanne Schulte Scott

The idea of a true "no-fault" medical malpractice indemnity system needs to be resurrected from the ashes of the 1993 Clinton health plan. We also need to look again at the market forces behind the current imbroglio. Are physicians really no longer able to afford malpractice insurance, and will they realistically be forced to curtail or discontinue providing certain services? Can we assist them and other providers to remain viable players? Can we both improve the policing of physicians and rein in "cowboy" lawyers? What are the market demands for the profitability that have led some insurers to stop selling medical malpractice insurance? What changes in the insurance system can be made to help maintain coverage and ensure that insurers are not bankrupted?

Merely capping awards is like freezing prices in times of inflation. We've tried that and it doesn't work.

Jeanne Schulte Scott, JD, is a healthcare lobbyist in Washington, D.C. Her e-mail address is jeanne.scott@health-politics.com.