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.