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December 2, 2009

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Letter: Limit medical malpractice

Wednesday, Feb. 20, 2002 | 8:44 a.m.

It has been obvious in many states that "caps" on court cases involving medical care are needed.

Lawyers don't want awards limited because this lowers their chance of earning more money. Many lawyers work on a contingency basis, so the higher the award, the more they make. Insurance companies provide a large pool of money to be attacked.

Another part of the problem is lawyer fees. These fees should be capped, so that the plaintiff will get more of the settlement. Lawyers, who do not suffer the long-term consequences of medical care, oftentimes get one-third to one-half of the settlement. This is not fair, since the lawyers suffer only the loss of their time and effort, whereas the plaintiffs may need a lifetime of care.

Last, there should be an independent state medical review board to oversee medical malpractice cases. Some cases should not be brought to court.

JIM FENTERS

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