MEDICAL MALPRACTICE

After reading the many articles concerning the doctors "declaration of war", I'm still unsure about who their victims will be, other than their own patients. I know the rhetoric is designed to attach the Trial Lawyer as the evil, greedy, unscrupulous cause of the "so called" malpractice crisis. But let's face it, the loser here is the victim of the malpractice, not the lawyers unless they are the injured patient seeking compensation due to a doctors mistake.

On the other hand, this whole crisis is driven by one thing, GREED.

Do the doctors really think that the public is so naive to believe that there are orthopedic surgeons who cannot feed their families, as one Republican assemblyman wrote in the "Courier". Give me a break. Another Republic Senator chastised attorneys who made $3,600.00 an hour when they see a doctor. He Senator, did you know that the lawyer doesn't get paid unless he wins. Not to mention that he has to forward the thousands of dollars in costs while the case drags through the court system. I recently received a bill on behalf of a client who was injured at work. His orthopedic did a special fusion. The bill was $85,000.00 for a days work. I believe the doctor was entitled to every penny and we fought with the insurance company to get him paid. The point is, orthopedic, neurological and other surgery specialists are not starving. They are making millions. They are an especially talented group of hard working individuals.

What's misleading is the rhetoric about what these specialists are earning. Before any legislative action is taken based on undocumented information, the doctors claiming that they are losing money should decline their income tax returns to support their position. Likewise, the insurance companies claiming that they are losing money should also be required to disclose their profits.

Once this information is disclosed, I believe that the crisis will disappear. I also believe this information will reveal who really is the greedy, evil and unscrupulous cause of the crisis.

I challenge the medical profession and the insurance industry to disclose their relevant income information and if they are going out of business, I will support a $250,000.00 cap on medical malpractice awards. I will also support any medical malpractice reform these groups propose. I know I'm only one attorney, but if you can convince me, I guarantee you will have overwhelming support from the public.