Malpractice
Peter H. King says lawyer David Harney turns away 99 out of 100 victims because “damage caps” make lawsuits a waste of his time (“Hanging All the Lawyers,” March 22). But California’s landmark Medical Injury Compensation Reform Act only caps the awards for extra punitive money in medical malpractice lawsuits. There is no limit on the amount that can be awarded for damages--things like medical bills and lost wages. Nor should there be such a limit.
Medical malpractice, unfortunately, does occur. When it does, patients should be fairly and quickly compensated, and errant physicians appropriately disciplined.
King recounts a series of entertaining malpractice horror stories gleaned from Harney’s rich and lengthy life in court. But for each of these anecdotes, there are countless frivolous suits that get thrown out, or worse, settled to avoid the pain and suffering of the court system.
Excessive awards for punitive reasons have turned the legal process into a big lottery with a few big winners, a lot of losers and all of us paying the bill. Getting rid of this lottery in California has stabilized malpractice insurance. Despite Harney’s protestations, it hasn’t done any harm. I say it is time to try this in the rest of the country.
ROBERT KARNS MD
President
Los Angeles County Medical Assn.
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