By SHARON THEIMER
Associated Press Writer
WASHINGTON (AP)--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 Bruce Josten, 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.
AMA is lobbying for a federal law limiting noneconomic-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 Politics, which studies
donations.
Opponents of further limits, particularly the powerful American Trial
Lawyers Association, are girding for battle. 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 upon is the narrow split
in the Senate, where Republicans have only a slim majority. That means
some Democratic votes 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. Those include
limiting liability for teachers, vaccine manufacturers, the makers of
airport screening equipment and airport security firms and limiting
civil lawsuits filed as a result of a terrorist attack.
Several other interest groups are also seeking limits on specific
types of legal claim.
The National Association of Manufacturers and the U.S. Chamber of
Commerce want to limit lawsuits from people exposed to cancer-causing
asbestos but not yet sickened by it. They say a flood of asbestos
lawsuits is driving companies into bankruptcy.
And, the National Federation of Independent Business wants
legislation that would limit lawsuits against businesses with 25 or
fewer employees.
Supporters of lawsuit limits are finding allies in the Bush
administration. Health Secretary Tommy Thompson released a report
earlier this year mirroring many of the AMA's arguments on medical
malpractice.
The president met personally with Palmisano and promoted legislation
to limit malpractice damage awards during a swing through North Carolina
in July.
``I don't appreciate the fact that we see a health care system that
is broken and riddled with bad--bad law and we're not moving,'' Bush
said.
AP-NY-12-05-02 1457EST
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