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Is 'Medical Justice' the Magic Key?

By Steven Lubet

Increasingly alarmed by the real and imagined inequities of the medical malpractice system, physicians across the country have been looking everywhere for relief. They have lobbied for law reform at both state and federal levels, they have rallied and protested, and some have even gone “on strike.” While their efforts have achieved some success — notably in states that have enacted severe damage caps, such as California and Indiana — malpractice insurance premiums have continued to rise, prompting repeated announcements that the medical profession is facing an economic crisis.

At least in the short term, no comprehensive remedy is in sight. President Bush's proposal for federal legislation to limit noneconomic damages has foundered in the Senate, stalled by a coalition of Democrats and Republicans who are skeptical of the bill's virtues and disinclined to impose federal law in an area that has traditionally been handled by the states. And even if a national damage cap were enacted, it would do nothing to eliminate the so-called frivolous cases that doctors complain about most bitterly.

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