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Gifts for all occasions in the Galleria! Back by Popular Demand! Win a Pie of Knowledge t-shirt! Click here to find out how. Add your comments on this week's "What is the Deal?" column at Uncle Hiram's Bulletin Board. July 13, 2003 What is the Deal with Malpractice Reform? By Jan A. Larson I rarely agree with Michael Kinsley, but I found myself nodding my head as I read his July 10 piece, The Lawsuit Lottery, on Slate.com. Last week, the Senate Democrats effectively killed a bill (S.11) that was supported by the President and the American Medical Association (AMA) that would limit the amount that a patient may receive for pain and suffering as a result of a malpractice suit to $250,000. The Democrats sided with trial lawyers in opposing the measure. Kinsley made the point that under the current system of unlimited liability a jury might award one person $5 million, another $500,000 and a third nothing for essentially the same injury. He questions what is wrong with a $250,000 cap given the current realities. He goes on to ask if anyone would voluntarily become a quadriplegic for $20 million? Obviously it would be a rare individual indeed that would take that deal. That fact provides the proof that money alone cannot compensate one for any amount of pain and suffering. The fact of the matter is that medical malpractice awards are not just driving up medical costs, but they are discouraging promising medical students from entering the "high risk" fields of neurology and obstetrics, to name two. I would not want to find myself in the position of needing a complex procedure inside the skull only to realize that the best doctor for the job is my dermatologist. When skilled physicians choose to practice in a field other than their preferred field or physicians choose to retire from the profession entirely for the sole reason of avoiding exorbitant malpractice premiums, it is very clear that there is a serious problem that needs to be fixed if the quality of health care in the United States is to remain the best in the world. The ever-increasing cost of medical care is not just the result of malpractice awards of course, but it is also a function of the "defensive" medicine that is practiced. Physicians, in order to strengthen their position in the event of a malpractice suit, often order excessive and unnecessary tests and procedures, all adding up to ever increasing costs for the American consumer. On the other side of the coin is the question of putting a value on a life. If a physician's malpractice resulted in a permanent disability or death for you or a family member, just what can be done to compensate for the loss? Money cannot adequately compensate anyone for such a catastrophe but yet the award of huge sums of money to injured parties is having the effect of driving quality, affordable healthcare out of the reach of many. This is an issue where the greater good must be considered. Yes, families of those injured by a physician's malpractice will not be made wealthy, but the $20 million not paid out as a result of a lawsuit will go a long way in providing care and services to those for which that care is out of reach today. It is sadly ironic that the Democrats sided with the trial lawyers in opposing a bill that would have at least partially closed the affordability gap in heath care, a position that has been a rallying point for Democrats for years. There is a lot of rhetoric coming out of Washington with respect to health care, but a golden opportunity to do something meaningful that would help all Americans has gone by the wayside in the interest of politics. As Kinsley pointed out, the Republicans have it right on this issue. The Democrats have been outmaneuvered and are now on record as having favored the position that leaves health care in America on a continued path toward crisis. -- Send feedback to the author. The "What is the Deal?" column will appears weekly on the Pie of Knowledge website. Guest submissions are welcome and encouraged. To submit an article to "What is the Deal?" click here. To subscribe to the "What is the Deal?" mailing list and receive early notification when a new column is available, click here. The Pie of Knowledge will never, ever divulge email addresses to any third party for any reason unless so ordered by a court of law. Contributions to the Pie of Knowledge are greatly appreciated. 
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