Congress should avoid writing the rule itself and instead condition federal health care money to the states on their adoption of reforms conforming to broad federal guidance. The goal should be to protect victims of doctor error as well as victims of unfair lawsuits. Some states might combine liability caps with, for example, greater disclosure of doctors' and hospitals' malpractice records. Others might consider more radical steps. The current bill would not encourage such innovation but would straitjacket the states with a simplistic rule.
I still fail to understand how a $250,000 cap [or any cap, based on historical precedent] does anything to protect victims of doctor error. It's just smoke and mirrors.
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