Here's the gut of the story .. . .

My bold highlight . . .

It's fair to say that some reform is needed in our tort system. The trick is to make sure that the benefits of any changes go to the right people -- the patients. That hasn't been the result of the preferred remedy for malpractice lawsuits, which is to hit trial lawyers in the pocketbook. Cap their fees or jury awards (of which they customarily take a percentage), the theory goes, and they'll knock off the ambulance-chasing.

This model of tort reform comes, alas, from California. In 1975, a sharp run-up in doctors' premiums stampeded the Legislature into enacting draconian limits on malpractice cases. Under the Medical Injury Compensation Reform Act, or MICRA, noneconomic damages -- that's "pain and suffering" -- were capped at $250,000. Lawyers' fees were also limited. Many other states followed with similar laws.

Who got helped by MICRA? Not consumers. California's healthcare costs aren't measurably lower than other states'. In fact, they're measurably higher.

Not the victims of medical error, at least not fairly: A Rand Corp. study in 2004 found that the cap fell disproportionately on "those with small economic losses but great damage to the plaintiff's quality of life."