Thursday, August 10, 2006

Caps on Noneconomic Damages

Attached a letter to the editor sent to the Miami Herald commenting on the interview with Lewis Eidson,the new president of the Association of Trial Lawyers of America published in the Miami Herald on August 7th, 2006.

"In your interview with Lewis S. Eidson(08/07/06), the new president of the Association of Trial lawyers claims that caps on medical professional liability do not affect insurance premiums. This is flatly wrong. In September 2003 voters in Texas approved Proposition 12, a constitutional amendment that caps noneconomic medical malpractice damages at $250,000. Since the passage of this amendment the state's largest provider of medical malpractice insurance reduced rates by 12 percent in 2004, 5 percent in 2005 and an additional 5 percent in 2006. This resulted in the return of $10 million in dividends to 2005 policyholders. The drastic readjustment of insurance rates allows many doctors in high-risk specialties (OBGyn, Surgery, Neurosurgery) to continue practicing medicine and guarantees access to medical care for citizens in Texas. Imagine this would happen in Florida? We would not have to struggle to retain neurosurgeons and obstetricians and lives could be saved by preventing treatment delays for patients with serious head injuries and women seeking skilled obstetricians for complicated deliveries. Mr.Eidson’s callous disregard for our citizens’ health is appalling."

No comments: