The idea is for state insurance commissioners to band together to open up their states to competitive health plans and for state legislatures to pass statute to limit awards in medical malpractice suits and punitive damage awards. If the red states did it, the blue states would have to follow suit.
No Wing Militia
Should that happen then it is only proven that it did require government intervention on the federal level to fix health care. Why didn't they do this before?
Can it be done without a public option...absolutely. Would it get done without the proposed plan...nope. The problem is government intervention.
Tort reform is a trickey issue. We should insist on baby steps here. A reasonable change would be to make losing litigants pay for the legal fees of the winners by default. This way speculative lawsuits can be discouraged.
Spock (rhp)
so far, most of the state Legislatures haven't wanted to do these things.
Some, like Texas, did pass tort reform already -- mostly because they discovered they were experiencing a shortage of physicians due to soaring malpractice insurance premiums and soaring jury awards.
ndmagicman
34 states already have tort reform.
JW B
Many states have already implemented tort reform and it is highly appropriate to do this reform at the state level. 95% of all malpractice cases are tried at the state level and so it makes sense to do the reform on the state level.
http://www.cbo.gov/doc.cfm?index=4641&type=0&sequence=3
Orignal From: Q&A: Can we bypass Congress and implement tort reform and insurance reform without the feds?
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