“Controversy Grows Over California Malpractice Cap” (Jan....

“Controversy Grows Over California Malpractice Cap” (Jan. 29) is a one-sided perspective of California’s Medical Injury Reform Compensation Act (MICRA).

There is no question that medical injury caused by negligence should be compensated adequately and promptly. MICRA amply provides for this with unlimited awards for economic damages. It also covers physical pain and suffering requiring future medical and psychiatric treatment. However, pain and suffering that includes intangible or emotional elements such as future unhappiness, anger, or general emotional distress cannot be quantified and would not be changed by an award of any amount.

Attorneys’ fees under MICRA are generous--a $1-million judgment results in more than $200,000 in fees--and continue to attract competent attorneys willing to take on legitimate malpractice cases.

The story seems to suggest that the noneconomic damage cap be indexed to inflation, implying that pain and suffering varies with economic trends, a concept that is irrational and preposterous.

MICRA has so helped moderate malpractice premiums and the cost of health care in California that it is now a national model for tort reform. Malpractice compensation and avoidance consumes as much as $50 billion annually and is a substantial burden to the taxpayers, consumers and the nation. It is a burden we must seek to reduce.

VINCENT GUALTIERI MD

President, Los Angeles

County Medical Assn.

Regarding the article on the $250,000 “hard cap” on emotional damages in medical malpractice cases, I am offended by medical lobbyist Jay Dee Michael’s patronizing comment: “Our goal is to make sure [the victims] get adequate compensation for economic loss.”

Who is he kidding? Only a fool would believe that the goal of potential defendants in civil suits is to seek full economic compensation for the plaintiff. What planet does he live on? Worse yet, his condescension is exceeded by his arrogance. Reimbursement for medical expenses does not make a person whole. That’s like a doctor who cuts off the wrong arm by mistake saying: “I’ll pay for the hook and we’ll call it even!”

It’s time to change this unfair law.

RUSSELL S. KUSSMAN MD JD

Los Angeles