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SUED SICK By Tucker Carlson, for That's Outrageous, Reported in Reader's Digest, October 2002 Last spring, Dr. Cheryl Edwards lost her dream job. For ten years she'd had a successful practice as an ob-gyn in Las Vegas. Then in the fall of 2001, Edward's insurance carrier stopped writing malpractice policies. When Edwards shopped for new coverage, she was stunned to discover her premiums would now cost $200,000 a year - five times what the old ones did. There was only one thing to do: She shuttered her practice and moved out of state. Her hundreds of patients now have to find someone else to deliver their babies. In Las Vegas, that won't be easy. Nevada has been losing doctors at a frightening rate. Last summer, the only trauma center in Las Vegas temporarily closed its doors, after 57 of its 58 orthopedic surgeons quit. People badly injured in car crashes or boating accidents had to travel nearly 200 miles to find treatment. The crisis is even more severe in West Virginia. Already, there is not a single neurosurgeon left in the city of Wheeling. Over the past two years, one out of every 20 West Virginia physicians has retired or left the state. What happened to all the doctors in Nevada and West Virginia? They fled, just like their counterparts in New Jersey, Pennsylvania, Mississippi, Texas and a number of other states. They left because they could no longer afford to pay for malpractice insurance, which for some physicians has reached more than $400,000 a year. Why are insurance rates so high? The diagnosis is clear: America has a bad case of trial lawyers. It's not that some doctors don't deserve to get sued. But ambulance-chasing lawyers are getting rich off frivolous suits. The average jury award in a medical malpractice case is now $3.5 million, three times what it was less than a decade ago. The awards are paid by insurance companies. But ultimately the money comes from physicians, in the form of higher premiums. One orthopedic surgeon in Pennsylvania told the American Medical News that every surgery he performs costs him $300 in liability insurance. The average payment he receives for performing a carpal tunnel surgery, meanwhile is $250. That's a $50 loss per operation, before factoring in expenses. Even with Enron math, the economics don't make sense. The lawyers' lobby denies any responsibility for the crisis, of course. "The jury system does not contribute to the high cost of medical insurance," Bill Frame, president of the West Virginia Trial Lawyers Association, told the New York Times, apparently with a straight face. Needless to say, this is ridiculous. Malpractice suits are always expensive. The average claim costs over $25,000 to defend. Meanwhile, the winning plaintiff typically gets only about half of the award. More than 30 percent goes to the lawyer. The problem has been brewing for years. In the 1970's, response to rising insurance rates, California set limits on malpractice awards, including a $250,000 cap on payouts for pain and suffering. The result: The average California obstetrician now pays about $43,000 a year in liability insurance. If that same doctor were to move to Florida, Illinois, Michigan, Texas or New York, the insurance premium could jump to more than $107,000. What about doctors who don't live in states with tort reform? They have two choices: relocate, or stop practicing the sort of medicine that draws lawsuits. Countless physicians have chosen the latter. In Texas, for instance, obstetricians are liable for malpractice up to 20 years after the birth of any child they deliver. For trial lawyers, this is a potential gold mine. (Low score on the SAT? Sue the doctor who delivered you!) For doctors, it's a strong incentive to stop delivering babies. And in Texas, many have. So who benefits from massive malpractice awards? Pregnant women? The desperately ill? Nope. Lawyers benefit, and that's about it. Think of that next time you're injured in Las Vegas. | ||
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WORKING TOGETHER TO ATTAIN FAIRNESS
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