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LOBBYISTS PUSH FOR NEW LAWSUIT LIMITS Groups Say Curbs Will Help Struggling Economy By Sharon Theimer, The Associated Press, Reported in Las Vegas Review-Journal, 12-06-02 WASHINGTON - Capitalizing on GOP control of Congress and the White House, lobbying interests as diverse as doctors and asbestos users are pressing for new limitations on when, where and how consumers can file lawsuits. In some cases, they already have the blessing of President Bush, who succeeded in winning limits on lawsuits when he was Texas governor in the 1990s. Lobbyists have taken a verbal cue from the president, who often refers to proposals to limit lawsuits as "job creation bills". They're recasting pitches that have traditionally lampooned trial lawyers to focus more on the faltering economy, arguing that lawsuit curbs will help save struggling businesses, preserve jobs and protect access to health care. "It became an economic development issue," said Bruse Justen, the lobbyist for the U.S. Chamber of Commerce, among the politically powerful groups leading the charge to restrain malpractice lawsuits. And in the subtle game of influence, groups tend to avoid traditional terms like "tort reform" or "malpractice liability limits" to describe their current efforts. "We think that plays into the hands of the people who don't want to fix the broken system," said Dr. Donald Palmisano, a New Orleans physician and attorney who takes over as American Medical Association president next year. The AMA is among those that have honed their arguments to convince Americans that limits on their right to sue would benefit consumers. The group has armed itself with statistics showing that emergency room doctors, obstetricians, surgeons and other physicians have abandoned some parts of the country because of costly malpractice lawsuits and the expensive insurance they must carry to protect themselves. That means patients in some communities are forced to drive long distances for health care, the doctors argue. The AMA is lobbying for a federal law limiting non-economic-damage awards, such as those for pain and suffering, to $250,000 in medical lawsuits. Their proposal would impose a federal cap in states that have no limits. The group's political action committee gave about 60 percent of its $2.1 million in donations in the last election to Republicans, according to the nonpartisan Center for Responsive Polices, which studies donations. Opponents of further limits, particularly the powerful American Trial Lawyers Association, are girding for battle. The ATLA has many Democratic allies and has helped foil some past efforts to limit lawsuits. The association contributed at least $2.4 million this election cycle, roughly 90 percent of that to Democrats, according to the Center for Responsive Politics. "Most Americans who know what the issues are would certainly not agree that a mother whose child is killed during a horribly botched delivery should be told that her child's life is worth only $250,000 at most," ATLA spokesman Carlton Carl said. One advantage opponents hope to capitalize on is the narrow split in the Senate, where Republicans have only a slim majority. That means some Democratic vote will be needed to get the necessary 60 votes to avoid legislative roadblocks known as filibusters. Several liability provisions have passed Congress since Bush took office, some even as Democrats controlled the Senate. WORKING TOGETHER TO ATTAIN FAIRNESS | ||
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