|
Letters to the Editor (7/5/02 Wall Street Journal) While the debate rages ("Insurers' Missteps Helped Provoke Malpractice ' Crisis'," June 24) over how much blame to lay on the nation's overly litigious tendencies or rapidly escalating medical liability insurance premiums, the American Medical Association knows one basic fact: Tort reform works. AMA research shows it. Experience proves it.
California has had the comfort of the Medical Injury and Compensation Reform Act (MICRA) for more than 25 years. MICRA is why California obstetrician- gynecologists pay about $20,000 for medical liability insurance while their colleagues in Florida, Pennsylvania, New York, New Jersey, Nevada and other crisis states face premiums that can be more than $150,000. Meanwhile, physicians in Indiana, Louisiana and Wisconsin are not overly worried about the liability crisis because their states were wise enough to pass tort reforms similar to MICRA. Jury Verdict Research is not the only source of data showing that the legal system is out of control. St. Paul, Phico and MIIX are not the only medical liability insurers who have been forced out of the market. So while others continue the Great American Blame Game, patients in a dozen states are losing access to their physicians and helplessly watching trauma centers, rural health clinics and maternity wards close or operate under threat of closure. Enough is enough. Congress should pass HR 4600 -- the Health Act of 2002 -- which is based on MICRA and would ensure all patients across the United States have access to their physicians when it is needed.
--J. Edward Hill, M. D. , Chair, American Medical Association I would like to clarify a few things about my company, Jury Verdict Research, mentioned in your front-page article: You refer to statistics from our most recent report on medical malpractice litigation and attribute them to our "2,951-case malpractice database. " Database it's not. That figure is simply a small selection from a larger medical malpractice sample we used for our study. We included 2,951 plaintiff verdicts in our analysis of 9,563 plaintiff and defense verdicts, and settlements from 1994-2000. The entire medical malpractice portion of our database contains more than 21,000 cases. What's more, since 1961 our independent, privately held research firm has collected more than 193,000 personal-injury plaintiff and defense verdicts as well as settlements to help gauge what's happening in and out of the courts for both sides of the bar, the medical profession and other industries. Jury Verdict Research has been mentioned in dozens of Journal articles, providing a credible barometer for various personal-injury litigation trends, from nursing-home negligence to premises and products liability to medical malpractice. It's interesting that after 10 years, our numbers are now being questioned by one of the major news organizations that has repeatedly turned to us for data. --Kenneth F. Kahn, President and CEO, Jury Verdict Research & LRP Publications |