Malpractice is defined as “injurious or unprofessional treatment or culpable neglect of a patient by a physician or surgeon” (Webster’s 2005). With the rising costs of healthcare today, some lawmakers, doctors, and hospitals claim that the expensive malpractice insurance that health professionals are required to carry is a contributing factor to the rise in the cost of health care. (Connolly, Ceci 2004). Awards capping is not a new principle for Americans. Much like we hear about salary caps for baseball teams some states including Ohio have legislated laws that put a limit on the amount that a patient can receive in a lawsuit for pain and suffering. The law now states that largest amount that a plaintiff can win is 250,000. Although the amount for lost wages will not be capped, states would like to place a value on a person’s quality of life. Medical malpractice awards capping is not a solution to the rising costs of healthcare. There are two sides to every story. The issue of awards capping is no different. On one side we have medical doctors, hospitals and a conservative government concerned about rising healthcare and insurance costs. On the other we have families, children and health care advocates who claim that a capping system would not be influential in affecting prices for health care or malpractice insurance. The ABA considers capping not only to be a bad idea, but ineffective as well “The American Bar association strongly refutes any such contention …empirical date nor experience with tort reform efforts within the states in the past have shown any established link between limiting non economic damages and affordability of malpractice insurance policies (Caps on Medical Malpractice Awards 2005) . Although the Bush administration seems to think that capping is an answer to America’s healthcare crisis, it seems to be a baseless argument. How can stopping lawsuits improve our health care system? "Without fair and reasonable limits, the legal system looks more and more like a lottery," President. Bush told the American Medical Association (CBS news 2003). Although it seems that frivolous lawsuits gain more press, is it logical to punish all for the sins of a few? Is it acceptable to put a price tag on the quality of someone’s life or the extent of someone’s injury? What about the elderly who have no jobs or lost wages to claim? The same can be asked for housewives, the disabled and children. What if a doctor made it impossible for a woman to have children or debilitated her in some way? According to some states the pain and suffering of that situation is only worth Two hundred and fifty thousand dollars. With the advancement of medicine in the 21st century many procedures have become less invasive however; many procedures are more complex and have a greater risk to cause damage along with new equipment and new medicines (MSN Encarta encyclopedia 2008). As American’s, some of us have access to the most cutting edge and progressive medical technology in the world. Yet our country has approximately 50 million people uninsured. A report by the Department of Health and Human Services found that expenses linked to legal liability fears contribute between $60 billion and $108 billion a year to the total $1.6 trillion health care bill. Legislation imposing a $250,000 cap on non-economic damages would result in 4 million more people receiving health insurance, according to Congress (Connolly, Ceci 2004) Four million compared to nearly Fifty million is ok, but is that honestly the best we can do?. I believe that capping awards would do more damage than good to our healthcare industry. The answer is not to restrict Americans constitutional right to a trial and settlement in order to cover 4 million people while 45 million still remain uninsured.
…limits may restrict the right of access to the courts for redress of injuries and trial by jury under the Seventh Amendment to the United States Constitution and violate the guarantees of due process and equal protection of the laws under the Fourteenth Amendment. Indeed, although case law is divided on the constitutionality of cap legislation, many cases have declared limitations of recovery unconstitutional. (Hiatt, Mark D 2002)

Restricting the amount that a patient can sue for only makes doctor’s become less accountable. It is time for Americans to start thinking in bigger terms. Can malpractice awards capping really affect the cost of a Thirty dollar charge for aspirin or two thousand dollar trip to the emergency room? The answer is no. Although this issue has been hotly debated during the Bush administration, like most things that the government is involved in it has had no real impact on the problem at hand, and the solution is not in touch with the reality facing most Americans. According to a Harvard study, about 40 percent of the medical malpractice cases filed in the United States are groundless. Many of the lawsuits analyzed contained no evidence that a medical error was committed or that the patient suffered any injury. However; the report also showed that the majority of those cases were dismissed with no payout. The groundless lawsuits accounted for fifteen percent of money paid out in settlement verdicts. (Chang, Alicia 2008). We are bound to have errors in our legal system. Just like we are bound to have errors in our medical facilities. Since 2001 we have had no major resolution to our healthcare situation. We have had lots of discussion and propaganda about this issue, that according to a Harvard study only concerns 15% of medical malpractice cases filed. The solution to reducing the amount of medical malpractice lawsuits is to improve the quality of care for patients. “Consumer groups have urged doctors to focus on improving health care instead of limiting the rights of the sick and injured. They point out that any increases in medical malpractice premiums are due to changing economic conditions, medical errors, and inadequate oversight of health care delivery.”(Brayton Purcell LLP 2007) Many factor’s affect our healthcare system. We need serious realistic solutions to fix these problems. We live in an ever changing world and society. Sometimes it feels as if our government and lawmakers can’t keep up. It takes so long for the U.S. to make strides concerning the issues that affect us most. I believe that we focus on the concerns of a few and not the concerns of the majority. Obviously there are more doctors than patients. The rise of malpractice insurance I’m sure is a concern for their practices and their families. According to a study Twenty-seven states have laws that cap payments for non economic damages in malpractice cases. The study examined whether these laws have increased the supply of physicians, using county-level data from all fifty states from 1985 to 2000. Counties in states with a cap had 2.2 percent more physicians per capita because of the cap, and rural counties in states with a cap had 3.2 percent more physicians per capita. Rural counties in states with a $250,000 cap had 5.4 percent more obstetrician-gynecologists and 5.5 percent more surgical specialists per capita than did rural counties in states with a cap above $250,000. (Encino’s, W E., Hellinger, FJ. 2005) Obviously awards capping is a solution for a small percentage of doctor’s willing to relocate based on malpractice insurance premiums. According to Martin J. Hatlie, president of the Chicago-based Partnership for Patient Safety, which advises hospitals on safety improvements “It helps keep their premiums down. It does nothing to advance the quality of care, nothing to advance the safety of care, nothing to more fairly compensate claimants or address the other really significant problems in the current medical-legal system." (Connolly, Ceci 2004).

Americans need to wake up and start asking for real solutions to the real problems that our healthcare system faces. More than half of our State governments have bought into this idea of Malpractice awards capping, yet I don’t see a major decline in the cost of healthcare in America. This election year is the time to press our sate and federal representation for real true answers and solutions to the Healthcare crisis that we have been facing in the United States.