The Times's article "Behind Those Medical Malpractice
Rates" is correct to point out that it has been the
declining investment earnings of insurance companies
that have caused doctors' malpractice premiums to
increase - not malpractice verdicts, which are
actually decreasing.
That's why Dennis Kelly, a spokesman for the American
Insurance Association, had to admit, "We have not
promised price reductions with tort reform." (Chicago
Tribune, 1/3/05)
It is increasingly inexplicable why the American
Medical Association (AMA) continues to swallow hook,
line and sinker the agenda of an industry that is
price-gouging its members.
Doctors and lawyers should agree that the insurance
industry has too much control over the entire health
care system, and find common ground over the need for
insurance reform. Removing the industry's anti-trust
exemption and requiring justification for rate
increases are two simple measures that can reduce
doctors' malpractice premiums, without stripping away
patients' rights.
Doctors and lawyers can also support reducing medical malpractice lawsuits by making health care safer.
Increased funding for patient management technology
and addressing nursing shortages can help prevent the
medical errors that kill 100,000 Americans annually.
Unfortunately, since 2001, the AMA has rebuffed
repeated invitations to meet with the Association of
Trial Lawyers of America to promote patient safety
reform and insurance reform.
We will always oppose efforts to limit compensation
for innocent victims of medical negligence, no matter
how serious the injury or how bad the care, but our
hand remains extended to anyone in the medical
community willing to work together to improve patient
safety and take back our health care system from the
HMOs and insurance industry.
