Letter: How to regulate small claims

Thursday, March 13, 2003 | 8:49 a.m.

I have read about the problem facing the medical profession in Nevada. The cost of malpractice insurance costs has gone through the roof and is causing doctors to either leave the profession or move out of state.

The doctors blame the insurance companies and the insurance companies blame the lawyers.

Everyone remembers the high payments to victims and points to that as the reason. Lawyers usually get one-third and the victim the remainder.

No one talks about all the small claims the lawyers send to insurance companies. The lawyers know the threshold level the insurance company will pay because it is cheaper than going to court.

If one were to add up all these small claims they would be astonished how large the amount was. Remember the lawyer gets one-third.

At one time (20 years ago) I knew the threshold for insurance companies was about $3,900. That meant the lawyer received $1,300 for doing practically nothing. They could make a good living by only getting two per week. I have a solution.

Pass a law that says the lawyer only gets 10 percent of the settlement if there is no trial.

On the other end, if a doctor is found guilty of negligence, his license is suspended for one year and the record is public knowledge. Doctors do a poor job of regulating themselves and this would be a way of weeding out the poor-quality doctors.

Finally, so that the victims get a reasonable share, the court decides the value of the legal fees above the actual cost of the trial.

LOU DE BOTTARI Carson City