Costs of Medical Malpractice

In response to “In Defense of Trial Lawyers--and Juries,” by David H. Berg, Commentary, Feb. 10:

Malpractice does occur, though not often. It goes without saying that patients injured by malpractice should be entitled to recover damages. Over $350 million is paid annually to compensate injured patients. California law--the Medical Injury Compensation Reform Act of 1975--facilitates the availability of malpractice insurance, and thus an adequate fund of money to provide compensation to these victims.

Contrary to Berg’s belief that the power of the jury is being eroded, the final arbiter in a malpractice suit is always the jury, and the impartial juries of our state and nation are deciding over and over that the vast majority of malpractice suits are without merit. Only 20% of the suits that manage to reach the courts result in awards.

Unfortunately, whether or not they result in awards, unwarranted lawsuits occur so often that doctors are forced to practice “defensive medicine” to protect themselves. Berg refers to defensive medicine as a “murky concept.” The situation is far from murky. In a recent survey by the American Medical Assn., 84% of the physicians stated that the threat of malpractice lawsuits caused them to conduct tests and procedures that they otherwise might have believed were unnecessary.

The practice of defensive medicine costs Californians $4.5 billion annually, and raises the state’s health care costs by 18%. Defensive medicine, combined with the cost of malpractice insurance premiums, costs the average consumer an additional $120 per year on his or her medical bill.

Finally, Berg believes that eliminating malpractice suits “would save little in health-care costs.” He’s wrong again. Malpractice is actually one of the “big four” factors that contribute to rising health care costs--namely, an aging population, destructive lifestyle choices (e.g., smoking), an overly litigious society, and the expensive, state-of-the-art technology that consumers demand in order to keep themselves as healthy as possible.

JAY D. MICHAEL, President

Californians Allied for Patient Protection

Sacramento