Mixed Reviews on Medical Damages Cap

Re: “State Cap on Damages Appeals to President,” Golden State, Feb. 3:

Michael Hiltzik misses a few key points that merit mention. As legal scholars have pointed out, our state’s Medical Injury Compensation Reform Act (MICRA) has protected access for millions.

In California, physicians’ liability insurance costs have remained stable, allowing obstetricians to continue to deliver babies and orthopedists to set broken arms. These high-risk specialties command insurance rates of well over $100,000 a year in states without these protections, forcing many physicians out of practice.

Malpractice premiums started dropping as soon at the reform was upheld by the courts in 1985. MICRA hasn’t priced lawyers and consumers out of the courthouse.

In fact, the average payments for malpractice claims have increased at nearly twice the inflation rate, and malpractice filings have not decreased under MICRA. MICRA doesn’t close doors, but opens many.

Dr. Robert Hertzka

President

California Medical Assn.

Sacramento

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Mr. Hiltzik’s analysis of the impact on damages in medical malpractice cases was dead on.

Every study that has looked at the issue fairly has concluded that the total cost of litigation, including insuring healthcare providers against medical mistakes, is about one-half of 1% of each healthcare dollar.

Furthermore, there is compelling evidence that when caps are enacted, doctors do not reap the benefit of substantially lower premiums that they were promised. The only clear winner is the insurance industry.

Linda Fermoyle Rice

attorney

Woodland Hills