Editorial: End crisis through dialogue

Monday, June 3, 2002 | 8:52 a.m.

Gov. Kenny Guinn has been making incremental gains in addressing the state's medical malpractice issue, which has the potential to become a crisis if large amounts of doctors pack up and leave the state. His latest short-term fix was to reduce by 18 percent the malpractice premiums for OB/GYNs in the state's new Medical Liability Association. He also said the association will cover claims that may arise regarding medical treatment performed before the association was formed.

Guinn established the association in April to fill the vacuum created in February after the state's largest insurer of doctors, St. Paul Cos., stopped underwriting medical malpractice insurance in Nevada. The company said it was losing too much money because too many claims were resulting in excessive awards. Additionally, Guinn announced last week that the state would be suing St. Pauls Cos. for unfair trade practices. Doctors approved of Guinn's announcements, but generally stated that without tort reform -- that is, a state law capping the amount of money juries can award for pain and suffering -- these solutions are insufficient.

Meanwhile, trial lawyers, who adamantly oppose tort reform, were saying that doctors are kidding themselves if they think such a law will bring down their medical malpractice rates. Also, St. Paul Cos. was busy defending itself, saying its actions were 100 percent consistent with Nevada law.

For Guinn to achieve a breakthrough in this issue, he needs to quickly get all affected parties talking together, not separately. Doctors and lawyers have been particularly vocal about the issue, but they have not convened a session with each other and insurers to try for consensus. We suspect that nothing short of the power of the governor's office could bring the two together, along with insurance companies. Doctors, lawyers and insurers should all gather in a conference room with Guinn at the head of the table. Guinn should be very direct in asking for consensus in order to avert a crisis that would be very harmful to all Nevadans. Guinn has said he would be willing to convene a special session of the Legislature if everybody would get together and give him a plan. First, though, he needs to give them a push.