Tort reform debate best served by truth

AMA Leader Commentary. By Donald J. Palmisano, MD, March 15, 2004.

AMA LEADER COMMENTARY

A few words about current events in medical practice

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A message to all physicians from AMA President Donald J. Palmisano, MD.

I have talked a lot lately about myths, misrepresentation, facts and accountability in the medical liability reform debate. And I've talked about how I believe that we who favor reform are holding the trump card -- the truth.

We've demonstrated that caps on noneconomic damages work -- such as MICRA, which for more than a quarter century has stabilized insurance rates in California.

We've debunked the myth that insurance companies' stock market losses are what drives skyrocketing medical liability premiums.

And we've exploded the claim that aggressive litigation makes medical care safer by punishing physicians when errors occur.

These truths -- and more -- can be found in the document "Medical Liability Reform -- Now!" available in pdf on the AMA's Web site (www.ama-assn.org/ama1/pub/upload/mm/-1/mlr2004.pdf).

In last month's column, I addressed the issue of accountability for those lawyers who hope to strike it rich by filing frivolous suits and intimidating doctors.

A Roman cleric in the second century, Tertullian, wrote that "Truth engenders hatred of truth. As soon as it appears, it is the enemy."

That's how it appeared when my e-mail box filled up with replies from some trial lawyers after last month's column. Many were angry, a couple were unprintable and some offered a civil debate on this issue.

Here are a few excerpts: