Letters to the Editor Column
Jeffrey Lowe’s column, “Tort Reform ‘Savings’ Ring Hallow” (Dec. 30, 2009) on tort reform and the federal health care proposal was remarkable — for what it left out.
He failed to mention the report issued only last October by the nonpartisan Congressional Budget Office, which concluded that reforms including already-tested limits on malpractice jury awards, a statute of limitations on malpractice claims, and replacing joint-and-several liability with a fair-share rule, if implemented nationwide, could reduce total federal budget deficits by $54 billion over 10 years.
Mr. Lowe must have been aware of the Congressional Budget Office, because he cites the office’s five-year-old report on medical malpractice costs. He raises that report’s estimate of a 2 percent cost saving, which he dismisses as representing “only” $3.6 billion out of $2.3 trillion in total health care spending.
Even allowing for a portion of these legal-related totals going to legitimate compensation for patients, the billions still going into wasteful litigation and defensive medicine would buy, for example, a huge number of vaccines and medicines for our children for many years to come.
John H. Sullivan
President, Civil Justice Assoc. of California