January 10, 2005
Section: NATION/WORLD
Page: 12

President Bush's call for a federally enacted cap on damage awards in medical malpractice cases is misguided on two fronts.

First, the issue is one that ought to remain under the control of state governments. One size doesn't fit all. What jurors deem adequate compensation in Peoria doesn't necessarily fit the circumstances in Seattle or Tampa.

Second, the jury is still out on whether caps enhance medical care in any significant way — either by expanding access, protecting providers or improving quality. In states where caps are already in place, insurance premiums have continued to climb, forcing physicians to make tough choices about how they practice medicine.

Florida knows this because lawmakers here went through the same debate back in 2003 before adopting a $500,000 cap on noneconomic damages to individuals harmed by medical malpractice.

Gov. Bush had sought a $250,000 cap on damages for pain and suffering, the same as what the president now wants nationally. But the people who represent Florida citizens decided that was too low.

Legislatures from Maryland to Washington have wrestled with different potential solutions, building consensus based on the standards and economics of their home states. That's the way it ought to work. Florida ought to decide what's right for Florida.

The legal system isn't perfect, nor is medical care. Mistakes are made. People are sometimes harmed. And occasionally false allegations are made. Harmed parties — including wrongly accused medical providers — deserve access to the courts unfettered by arbitrary caps. Local courts generally mete out justice even if it takes a series of appeals to get there. That's the way it ought to work.

Doctors and lawyers in Florida wounded each other's professions in November with three opposing ballot initiatives. Voters approved them all, capping lawyers' fees in medical malpractice cases, opening health records to patients injured in adverse medical incidents and stopping doctors with three malpractice judgments from practicing in Florida.

Florida citizens voted to try these solutions. Their will should not be overruled by bureaucrats in Washington.