Malpractice reform has always been a resoundingly popular idea with Republicans, which made the topic a perfect one for President Barack Obama to talk about in his recent address to Congress. George W. Bush had a "good idea" on malpractice reform, the President said--one he intended to pursue as part of a health-care overhaul. Cue a rare moment of bipartisan applause.
Both sides agree that current malpractice law--under which doctors pay as much as $200,000 a year for liability insurance--is often unfair and inefficient. But when it comes to fixing the system, consensus is not so simple. Democrats oppose a federal...