Medical Liability Reforms: Comparison of Candidate's Proposals
Bush-Cheney1 | Kerry-Edwards2 |
- Supports a $250,000 cap on non-economic damages and a reasonable cap on punitive damages.
- Supports limiting a party's share of total damages to their proportionate share of blame for the injury inflicted.
- Supports action to allow providers to review best practices without fear of litigation.
| - Opposes capping damages.
- Supports limiting lawsuits to cases where a qualified specialist determines a reasonable claim exists.
- Supports sanctions for claims and defenses without merit, including the loss of lawyers’ ability to file these suits.
- Supports requiring non-binding mediation before a lawsuit can be brought.
- Supports punitive damages only for intentional misconduct, gross negligence or reckless indifference to life.
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1 http://www.georgewbush.com.
2 http://www.johnkerry.com.
