Michelle Mello and Troyen Brennan in the July 2 New England Journal of Medicine:

What kinds of malpractice reforms might be candidates for bundling [with comprehensive federal health care reform]? The warhorse of federal tort reform efforts in the past has been caps on noneconomic damage awards. However, in the current political environment, the chances are nearly nil that tort reform of this sort could pass -- it is anathema to most House Democrats. The realistic contenders are more moderate measures that address physicians' complaints about the unfairness of court decisions that appear to be out of step with medical expertise. ...