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The ABA strongly opposes efforts to pre-empt state medical
liability laws, including federal legislation placing arbitrary caps on damages
in medical malpractice cases. As part of our efforts in this area, the Association
has worked on Capitol Hill to let Members of Congress know why it is inappropriate
and unwise to enact federal legislation that would pre-empt the State tort laws
and implement caps on pain and suffering awards. The association has developed
and compiled background material for use by members and state and local bars,
and is working through the media to educate the public about the myths and false
rhetoric that dominate this issue.
As guardians of our nation’s civil justice system, we all know that lawyers are often blamed for many of our nation’s troubles. That is why, in my travels and appearances as ABA president, I have tried to emphasize the injustice of denying compensation to patients who have proven in court that they have been injured by medical malpractice; why I emphasize the lack of empirical data establishing a link between limiting jury awards and the affordability of malpractice insurance policies; and why I point out that capping malpractice awards will do nothing to make it easier for ordinary Americans to receive affordable, quality health care.
Now, I invite you to join me in this effort. Our experts on medical malpractice
have prepared the “Medical Malpractice Toolkit” designed to help cut through
the rhetoric clouding this issue. Loaded with factual information and links
to additional resources, it’s a valuable tool for state and local bars, ABA
sections and entities, and all lawyers who share the ABA’s conviction that reform
not rooted in fact will produce problems instead of solutions.
Together, let’s get the word out,
Michael S. Greco