President's Message

Dear Sirs:

I was in Washington, D.C. in early March for the American Medical Association Advocacy meetings, representing the 1000 doctors of Polk County as their newly elected President. The main topics of the meeting this year were liablity reform and Medical revisions. Our executive director, Kathie Lyman, had scheduled meetings with each of you so that you and I could discuss current liability issues that threaten the quality of medical care in our state, including your supporting HR-5. This bill is at best, an attempt to put a cap on non-economic damages in medical lawsuits. We were informed by each of you or your staff that you would not be supporting House Bill, HR-5.

I am afraid, gentlemen, that your inability to support change in the legal system with regard to medical malpractice is unacceptable. Fourteen states in this country are already in crisis with inability of their constituents to find medical care because doctors have either gone out of practice or left the state from skyrocketing malpractice inusrance premiums and/or frivolous lawsuits.

I sat next to a County Medical President from Mississippi who said that the joke in his state is; "What do you need to have a baby in Mississippi? A tank full of gas." In our own Polk County, we have recently lost a prominent neurosurgeon because of escalating malpractice insurance costs. In our own clinic, the cost of malpractice insurance has escalated one million dollars in the past year alone. I know this is a complicated problem, but something has to be done. It cannot merely be dismissed as "we will not support HR-5".

The Republicans and Democrats must continue to develop solutions to frivolous lawsuits and alarmingly high awards in medical malpractice cases, both of which obviously escalate the cost of our insurance. There are only two companies left in this country who will even insure physicians. Certainly, we see tragedies affecting our patients every day, and they should be awarded economic monies to cover both their loss of earned income and their medical expenses. However, non-enconomic awards have become absurdly escalated. What is a limb, a breast, or even a life worth? One-quarter of one million dollars, one-half of one million dollars, ten million, one hundred million, one billion dollars? There is no answer to this question. For some reason, patients think that the higher the award, the more they are "getting even" with the physician. This is obviously not the case, and not all of the money in the world makes their pain and suffering disappear. In addition, all of us, including the patients, end up paying the high cost of these malpractice expenses through raised service and insurance fees. The President of the United States, who spoke at the AMA Advocacy meeting, likened these ridiculously high awards to "winning the lottery".

Certainly, caps on non-economic awards may not be the ultimate answer, but is an answer, and something that should be pursued. Why not set fiexed fees to attornyes who settle malpractice cases rather than letting them take up to 40% of the amount awarded to the patient, obvioulsy making multi-millionaires out of attorneys who practice this type of law. There is one local attorney in Des Moines who openly brags that his new home and luxury car are the result of one malpractice settlement case.

In the medical profession, our fees are regulated by the government, including every fee for a service or procedure paid by the insurance company, since all of these fees are ultimately based on Medicare payments, which are regulated by a government agency. There is no reason that the government cannot also fix attorneys fees in legal cases. The courts are clogged with frivolous lawsuits, which could be handled by local boards consisting of community leaders, laypersons, physicians, and attorneys, who could listen to each case and decide if it even has merit to be pursued.

Gentlemen, I know there no easy solutions to the liability issues, but questions have to be asked and solutions have to be pursued. I know that your time is valuable and that have a constant parade of people through your office, each with their own agendas and problems. However, as it is my job to see patients in my office every day with their complaints of pain, suffering and emotional distress. If I fail to do my mob, I am either fired or sued. It is your job, and that of every one of our government representatives, to give the liability issue your utmost attention. The citizens of Iowa will demand it and will seek representation that will pursue if you do not.

The 1000 doctors of Polk County Medical Society, which include physicians in Polk, Warren, and Dallas counties, are concerned with these problems, and we provide care to almost one million of your constituents. I am going to publish this letter as my bi-monthly report in the PCMS Bulletin to the members of the Polk County Medical Society. I hope that each one of them will contact you and express their concerns.

Louis E. Schneider, D.O., Ph.D.
President