>tort law is a state issue<

A point I've avoided since Obama would call me right-wing is that all of this concerns state issues but for the employer-based coverage link, which has prevented most states from enacting substantial protections. That's another reason employers, insurers and employee-benefits companies don't want you to mess with it (and Wyden-Bennet kept it all federal and preserved those federal protections.)

It's moot, though, in the modern world.