The following is an Op-Ed by CMA Past-President John M. Whitelaw,
M.D. that appeared in the February 27 issue of the Sacramento Bee.
It is upsetting to watch physicians walk off their jobs to protest the cost
of medical liability insurance in New Jersey, Nevada, Mississippi, West Virginia
and Florida. But it would be far more upsetting if there were no doctors at all
to provide surgery, trauma care, diagnose illnesses and deliver babies.
Some of these physicians are being charged up to $200,000 annually for their
liability coverage, and like the proverbial canary in the coal mine, these
physicians are trying to warn us about a coming national health care crisis.
California faced a similar calamity in the 1970s. Malpractice insurance was
soaring, with some physicians expecting 400 percent premium increases. Worried
that soaring costs would drive physicians from California and leave patients
without care, then-Gov. Jerry Brown called a special legislative session to
solve the medical liability crisis.
The solution then, and now, was the Medical Injury Compensation Reform Act.
Before MICRA, California malpractice premiums were among the nation's highest.
But post-MICRA, rates stabilized. Take a look at the impact on rates beginning
in 1986, the year legal challenges to the law were finally exhausted.
From 1986 to 2000, premiums fell 12 percent in California, while rising 55
percent nationally (in inflation-adjusted dollars). During that same period,
rates in Florida rose 809 percent; in Nevada 8,375 percent.
Mindful of the national problem, Democratic Sen. Dianne Feinstein has
proposed a law modeled on California's 27-year experience of dealing fairly with
injured patients and protecting access to health care. It takes courage for her
to challenge the powerful trial-lawyer lobby, which holds significant sway with
her party. She is doing so because MICRA is sound public policy.
Under our forward-thinking law, injured patients are entitled to unlimited
medical and economic compensation, which often amount to millions of dollars to
cover true damages, such as lost wages, medical expenses, rehabilitation,
psychotherapy and long-term care costs. Physicians support such full
compensation of injured patients.
And under MICRA, patients can also recover an additional quarter of a million
dollars in noneconomic or "pain and suffering" awards. The law also limits
contingency legal fees so that that seriously injured patients get more (and
their attorneys correspondingly less) of the award.
Regardless, the law remains under siege from trial lawyers. But the number of
medical malpractice suits has remained stable and awards have risen far faster
than inflation since 1986, indicating injured patients retain their access to
the courts and fair recovery. And in California, injured patients are
compensated more quickly than in all states but Minnesota.
The real reason personal injury lawyers hate MICRA is that it limits the
money they make from patient misfortune. Trial lawyers are not an endangered
species. But physicians, emergency rooms and safety-net programs for the
uninsured are truly threatened, and everyone's access to care is endangered
without reform. Stabilizing insurance premiums is particularly essential for the
poor, who get their health care from economically fragile medical clinics and
health centers.
Here it is in dollars and cents: In California two years ago, an OB/GYN paid
on average $47,500 for malpractice insurance. In Florida, she paid $173,000.
Neurosurgeons paid $68,436 in Los Angeles County, but $278,829 in Dade County,
Fla., and $163,000 in suburban Detroit and New York. In California, an
orthopedic surgeon paid $22,730, but in Pennsylvania $90,297.
Why should patients care? It's difficult to put a value on having doctors
there when you need them. But patients in Nevada drive hundreds of miles to find
obstetricians who still deliver babies. And for accident and cardiac victims, it
is a matter of life and death if there is no neurosurgeon or ER doctor at the
local hospital.
California has health care problems, but this insurance crisis isn't one of
them. That's why the rest of the nation needs to take California's lead and
adopt medical malpractice reform.
* * *
Dr. John M. Whitelaw, Jr., M.D. is past-president of the California Medical Assn.,
the professional organization for 35,000 California
physicians.