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[ Monday, Jan. 27, 2003 ] Letter to the Editor
Malpractice reform does not rob victims
I commend you for voicing concern over doctors leaving Pennsylvania because of skyrocketing malpractice insurance premiums ("Rx for change: Pa. must try to keep doctors in the state," Jan. 24 editorial). The exodus of doctors and resulting physician shortage has and will precipitate in disastrous consequences for patients in Pennsylvania. Affordability is a by-product of availability. With fewer insurance companies willing to write policies to doctors due to recent exorbitant jury pay outs, physicians' premiums have skyrocketed, often forcing physicians with clean records out of practice. However, the recent calls for reform are not aimed at robbing true victims of justified award, to which you erroneously allude. Proposed legislation merely limits the "pain and suffering" (punitive) compensation, which has swelled from an average jury award of $500,000 in 1995 to over $1 million in 2000, with the cancerous growth continuing today. What your editorial failed to mention is that proposed legislation does not limit economic damages, hence these awards, which frequently outpace the punitive awards by millions, are still allowed, thus offering most victims ample compensation even in the face of non-economic caps. Therefore, caps do not rob juries of decision-making abilities. The legislation simply inhibits a lawyer's temptation to exploit the "lawsuit lottery" by filing frivolous claims in hopes of obtaining a quick settlement, which is the often-forced, economic alternative to trial for physicians. The result is defensive medicine practiced by doctors, thus increasing costs to patients. Please inform your readers of all the facts, for not only their opinions, but their health may rest on this legislation. John Rimmer
Class of 2000
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