I have commented on this before. It is a fact that the medical malpractice insurance industry managed to blackmail California into passing caps on medical malpractice cases in 1975. It is a fact that the insurance industry lied when the said that a cap would significantly reduce insurance premiums. It is a fact that California’s cap has not changed in 30 years. It is a fact that civil filings have decreased in California over the years, while the population has dramatically increased. It is a fact that it is harder now for a person injured by medical malpractice to find representation than ever before. It is a fact that premiums have skyrocketed over the last 30 years. It is a fact that the doctors have been fooled into believeing that they should put their efforts toward tort reform as opposed to insurance regulation.
As a senator, President Obama advanced legislation aimed at reducing malpractice suits. And Dr. J. James Rohack, the incoming president of the medical association, said Mr. Obama told him at a meeting last month that he was open to offering some liability protection to doctors who follow standard guidelines for medical practice. A bill that would set out a way to protect doctors who are sued if they have followed professional practice guidelines. But that is the law in California now. If a doctor follows professional guidelines, he has not breached the standard of care.
I have to believe that if President Obama truly knew the facts, he would never entertain this type of legislation that historically only benefits the insurance industry.