Two of Mr. Obama's campaign goals were to lower Health Care costs and distance his administration from lobbyists. Both those goals could get a solid start by setting limits on Medical Malpractice Lawsuits. Currently, disreputable attorneys can "throw the dice" when it comes to filing medical lawsuits. Put another way, it is in the best financial interest of disreputable attorneys to file lawsuits that are really not cases of Malpractice, because even if they only settle (or win) one out of five cases, they still hit the jackpot.
For example: A medical case can be in the gray area of innocence and the health-care provider and/or their insurance company will likely settle out-of-court rather than risk getting hit with very expensive civil penalties by sympathetic jury or a jury that is confused between legal arguments and legitimate problems of providing "perfect" medical care to non-perfect humans.
The frivolous and gray area Medical Malpractice Lawsuits reward disreputable attorneys, while doing little to help their clients. The payouts on frivolous lawsuits cost Insurance companies, but those cost are ultimately paid by those being insured. Even if if cost of the insurance is paid by an employer those costs eventually get passed back in the form of more expensive products or lower pay. Thus our medical cost are much higher than they should be.
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