As far as I know, none of the bills currently being worked on include any type of tort reform. Maybe that's because Mr Obama and many in congress have law degrees. Medical malpractice suits have a legitimate place in our society, but overly huge compensatory damage payments do not. Oh, and I really don't know what a fair compensation is for something like harming a child during birth because a doctor fucked up. $10 million seems to be too much though.
Medical News: Family set to receive $10 million after bungled birth leaves daughter severely handicapped - CureResearch.com
I find it interesting that many people arguing health care reform want to demonize the insurance industry, yet at the same time, every medical practitioner carries insurance to protect themselves in case of a medical malpractice suit.
I'm not so sure I want the government deciding how much medical treatment should cost, it opens a door that could lead to them deciding how much other things should cost. That being said, I'm not sure I want them deciding how much should be paid for compensatory damage either, but it is the lesser of two evils in my mind.
The only problem is, payouts on medical malpractice cases are already not decided by government. In the cases settled prior to litigation (the vast majority) the plaintiff usually accepts a payout offered by the malpractice insurance company at their discretion, or the parties come to a mutual agreement through negotiations. If it goes to court, unless the plaintiff waives the right to a jury trial (I never did personal injury or malpractice work, but I understand this is relatively rare) then the jury decides the amount of the award. The only case where a government employee of any kind determines the amount of any award is in a case that goes to trial where the right to a jury is waived, leaving the judge to make that determination. Or if the amount decided by the jury is unsupported as a matter of law, in which case the judge can modify it.
I support tort reform in general, not just for medical malpractice, because I feel too many institutions and industries have become far too defensive, our nation is overly litigious, and the costs in many areas from education to health care to consumer products is too high. We need to find a better balance between consumer protection from real fraud and abuse and access to courts for legitimate concerns and the kind of out of control frivolous garbage that pulls in parties that are completely innocent simply because they touched a product at some point in the distribution chain and blames anybody with a deep pocket for someone's stupidity.