Supporters of changes for laws governing medical malpractice litigation have a great deal of work before them, but recent successes should provide some hope, according to a California congressman.

Rep. Dan Lungren, R-Calif., a former state attorney general, said during an online chat that there are still hopes the Senate will pass the Lawsuit Abuse Reduction Act, HR 420, which he called much needed.

Speaking online at the Web site sickoflawsuits.com, he said he is "encouraged" by the recent passage of legislation such as the class action reform bill.

Rep. Lungren also voiced support for Senate bill 908 and its House companion, HR 554, which would limit liability claims lawsuits against food purveyors over obesity. Noting that Senate Minority Leader Sen. Harry Reid, D-Nev., was a sponsor of the Senate bill, Rep. Lungren said he was "hopeful" the Senate would vote on the measure this year.

Although he supports tort reforms for medical liability, Rep. Lungren said that he also understands the view of its opponents.

Trial lawyers "have a valid point in that individuals in America have a right--enshrined in our legal tradition--to have access to the courts for legitimate causes of action," he said. "Therefore I have always acknowledged their point that we should preserve that right and avoid extreme measures which would go too far.

"In countering their opposition to our reasonable approaches, we should point out that we do nothing to deny aggrieved plaintiffs access to the courtroom. Indeed, we strive to strike an appropriate balance."

Rep. Lungren, a member of the House Judiciary Committee, said the current medical malpractice reform proposals strike that balance by capping only those pain and suffering awards that are unquantifiable and "allow juries to pull a number out of a hat."

"Tort reform proposals generally do not limit what are called 'economic damages,'" he added, "and economic damages include anything whose values can be quantified, including lost wages or home services, medical costs, the costs of pain reducing drugs, therapy and lifetime rehabilitation care, and anything else to which a receipt can be attached."

Overall, Rep. Lungren said the issue should be viewed in terms of the overall system of government, in which every aspect of government is balanced against another.

"In the end, we should all keep in mind that we live in a system of checks and balances, and that no single government entity--including juries--should have absolute power to award unlimited amounts of damages in all circumstances," he said.

"As a member of Congress it is my duty to support legislation that strikes reasonable balances in that system of checks and balances."

Special Reports /

Rep. Lungren Sees Hope For Med-Mal Reform

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