NewTalk founder Philip K. Howard's latest op-ed, Health Reform Requires Lawsuit Reform, appears in today's Wall Street Journal. Howard argues that the only way to contain the cost of health care is to realign incentives away from providing unnecessary care. "Every incentive in the system now is to do more," he writes. "That's how doctors get paid and that's how doctors get protected from lawsuits."

Reform solutions are out there—in particular, a system of special health courts to replace juries in medical suits and bring reliability to medical justice (a familiar Common Good proposal). But, Howard fears, Congress may be unwilling to make hard decisions, lest they offend special interests. "Like a crash in slow motion," Howard writes, "you can see Congress tumbling down toward the lowest common denominator—a reform package that will do little to contain costs, but will offend the least number of special interests."

The special interest of particular note are the trial lawyers who, along with likeminded representatives in Congress, have rejected experimenting with health courts even on a pilot basis. "Congress is mortgaging our children's future," Howard concludes. "Cost containment must be a goal. Protecting trial lawyers is not the solution."

Read the article [Wall Street Journal]