LETTERS.(ISSUES & INSIGHTS)

Limit Malpractice Damages

You are absolutely right to emphasize the need for limiting lawsuits against doctors. The malpractice system has been wreaking havoc on the health care system for decades. It has the extraordinary ability to exploit physicians and their insurance companies. Indeed, physicians are so fearful that they see it as legalized extortion.

How is it that malpractice attorneys have amassed such terrible power?

First, personal injury lawyers know that the complex nature of health care makes it easy to second-guess doctors and convince jurors that bad outcomes are the same as bad medicine. They know that juries have a difficult time trying to understand the medical science and compensate for it by using sympathy. They also know that doctors are often told by their insurers to settle, because in a courtroom, what could have been a settlement of $10,000 or $15,000 could easily jump to millions.

Add to this the fact that lawyers actually advertise on television and the Internet, offering free consultations and no fees unless they win. With the excuse of watching out for their clients' interests, this form of jackpot justice has created a class of attorneys who have made themselves rich by speculating in malpractice cases. Their ability to bully doctors encourages them to engage in speculative litigation. Even a frivolous suit, because of whimsicality in the courtroom, has potential to generate a large handout.

As the graphic accompanying "Out Of Practice" (Editorial, Monday) points out, in California, where a $250,000 jury awards cap has been in place since 1976, malpractice premiums have been significantly lower than in states without caps.

The malpractice system's toxic fumes have been polluting health care for decades. Putting limits on ...