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December 2, 2009

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Letter: Patients entitled to unlimited HMO lawsuits

Friday, Aug. 10, 2001 | 4:22 a.m.

Congress is arguing about a patients' bill of rights. Both sides say they want to protect the patient but do not want the lawyers to have a "big" windfall. One cuts the amount a patient can receive to a maximum of $1.5 million and the other side wants $5 million.

If both sides want to protect the patient, the only way is to make sure that the award goes to the patient and that the amount sends a message to the HMO that it had better clean up its act. If the amount is limited, the "bean counters" will balance profit against the chance of a capped limit on the award.

To make sure that lawyers can't skim off the cream, why not limit the amount the lawyer can be awarded. For example, it can be 20 percent of the amount with the maximum of $1.5 million. Don't cap the patient award, only the legal expenses and attorney fees.

LOU DEBOTTARI, Carson City

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