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Blaming lawyers, insurers or anyone else for the malpractice crisis has been a fatal mistake of the medical profession for decades ("Line Drawn in War With Trial Lawyers," July 15, 2004, p. 1).
Physicians and many of their representative organizations at the national, state, and specialty levels have been aware of the ongoing problem in liability insurance and the civil justice system for generations. Over the years, physicians have poured hundreds of millions of dollars into these associations, which in turn have contributed heavily to the legislative efforts.
All are painfully aware, as Dr. J. Chris Hawk III said, that in fixing the civil justice system, "national efforts have failed and state successes have been few and far between."
Today, as 30 years ago, the American Medical Association can only say that it is close to solving this problem and Sen. Bill Frist (R-Tenn.) can only reply that the AMA would have reform if it were more flexible.
After 30 years of mistreatment, is it not time for another kind of remedy?
It is possible to fix the civil justice system, rein in the insurance industry, protect the patient's right for recompense, and restore the ...