The courthouse doors do not close: constitutional challenges to non-economic damage caps

Following efforts at addressing health care reform that spanned decades, the US Congress passed massive health reform legislation in 2010, with key provisions to be implemented over the next few years. This legislation has been heralded as the ultimate legislative response to the spiraling cost of care and inequity of access to care. Yet, these reforms have left many unanswered questions about the perennial issue of tort reform, in particular, caps on non-economic damages. This article begins with a broad perspective on tort reform and the debate surrounding the issue, and ends with a search for common ground where the threat of litigation may be reduced while the constitutional rights of citizens remain safeguarded.