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MagiK - I think your point on the extreme political posturing is right on. I still think it will come down to a "How much do we limit recovery" issue rather than something more sensible - such as I have proposed.
Again, a wrongdoer should be punished. Not only should a surgeon/ srugical team which sews up a bandage inside someone pay for doing that wrong (especially since they collected so much money while doing the wrong), but moreover Egregious actions and repeated and/or willful wrongdoing should be punished with really f-ing high punitive damage awards to ensure the wrong will NOT occur again - or at least provide incentive thereto. The problem is that the PLAINTIFF gets the windfall. Again, simply shuffle punitive damage awards to the general social funds rather than plaintiffs (and of course don't let atty's take a % thereof) and - BINGO - you've made people culpable for their wrongs without encouraging silly litigation.
BTW, did you know that in EACH AND EVERY STATE such awards are already very limited by the statute of limitations. The statute of limitations (time-bar to your claim) is shorter for MedMal in almost every state than any other type of personal injury action. When studying for the Bar Exam the folks explaining the reasoning behind this (as it was yet more for us to memorize) said it was quite simple: strong lobbying.
Oh, and also, damages for Emotional Distress are limited in MedMal as well in most states.
In short, I'm saying Dr's have already been busy for years ensuring that they ante up less for their wrongs than other tortfeasors. And, the whole while it's been the same poor-mouth song-and-dance.
Again, I'm not attacking Dr's - but I do insist on a level playing field for all.
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