Staking out
political turf as a friend of physicians
and patients, Vice President Dick Cheney
told local doctors and health care
workers that the GOP team would fight to
limit jury awards that he said have
driven up the cost of malpractice
insurance and driven some from the field
of medicine.
Saying the federal government must
take a stand against "junk lawsuits,"
Mr. Cheney told the crowd of about 300
gathered at the Dana Conference Center
on the campus of the Medical College of
Ohio that it is time for a "reasonable
federal cap" of $250,000 on noneconomic
damages in medical liability court
cases.
"This problem doesn't start in the
waiting room. It doesn't start in the
operating room. This problem starts in
the courtroom," he said.
"Many lawsuits filed against doctors
have no merit. Even though they are
baseless, these junk lawsuits are
expensive to fight, and many doctors,
encouraged by their insurance companies,
settle out of court," Mr. Cheney said.
"The picture has become clear across
the country: Huge payoffs for personal
injury trial lawyers, smaller shares of
compensation for those who have been
wronged, and massive increases in
medical liability insurance premiums for
doctors across the country," the vice
president said.
"Our medical liability litigation
system is broken," Mr. Cheney said.
"This problem has been building for
years, but now is at a crisis level."
Mr. Cheney also called for Congress
to change the way liability in medical
malpractice lawsuits is spread between
several doctors who collaborate on
medical cases that end up in court.
During his appearance in Toledo - an
important city in what both major
presidential campaigns have said is the
most important state in the election
this fall - Mr. Cheney included a veiled
jab at Democratic vice presidential
candidate John Edwards, a U.S. senator
from North Carolina who made a fortune
as a lawyer trying medical liability
cases.
While the Bush/Cheney team has
offered a package of reforms of the
nation's medical system that leaves the
private health-care system mostly
intact, Democratic presidential
candidate John Kerry has proposed a more
aggressive role for the federal
government in health care.
Mr. Cheney's visit to Toledo was the
first since the closing weeks of the
2000 presidential campaign, during which
he talked with locals who gathered at
the Maumee Senior Center on Detroit
Avenue.
He has been more active on the
campaign trail lately, campaigning
across northeast Ohio during the July 4
holiday weekend, just before Mr. Kerry
announced the addition of Mr. Edwards to
the ticket.
Yesterday, Mr. Cheney campaigned in
Missouri - another toss-up state that
Mr. Bush narrowly won four years ago -
before traveling to Toledo for the late
afternoon event at MCO. While the format
in Columbia, Mo., differed from the
Toledo stop in that Mr. Cheney took
questions from supporters, the topic was
the same in both places.
It was largely preaching to the
choir.
But Dr. Kris Brickman, director of
the emergency department at MCO, said if
anything, Mr. Cheney's remarks about a
medical liability "crisis" weren't dire
enough.
"It's out of control," he said of
rising premiums. "Two years ago in my
practice, it cost us $2 per patient to
cover our medical malpractice premiums.
Today, it's $12.42. We've gone from
$7,000 to $9,000 per doctor to $60,000
to $80,000. It's changed the way we
practice medicine. We now order every
test in the world to avoid getting
sued."
Referred to as "defensive medicine,"
the practice is not only inefficient
medicine, but drives up overall
health-care costs too, he said.
Dr. Brickman's concerns were repeated
in large part by physician after
physician who spoke after hearing Mr.
Cheney's remarks.
"We're getting pulled both ways. Our
liability is going up and reimbursements
are going down," said Dr. Steven Combs,
a Cleveland-area physician and president
of the Ohio State Medical Association.
Dr. Patrick McCormick, a Toledo
neurosurgeon, said his annual premiums
have gone from $40,000 a year in 2000 to
$120,000 today, making premiums his
second-largest item of business expense
after staff costs. At some point, he
said, it makes sense to stop practicing
medicine and pursue other options.
In fact, he's already completed a
master's of business administration
degree and said a career in a nonmedical
business is looking more appealing.
Dr. William Sternfeld, a Toledo
general surgeon and past president of
the association, said doctors need to do
a better job educating the public about
the problem.
"I don't think the public is fully
aware of the crisis we're in," he said,
noting that Ohio is one of the 20
"crisis" states labeled by the American
Medical Association as having high
malpractice premiums.
Democrats and many trial lawyers say
there is no solid proof that rising
malpractice premiums are caused by
frivolous lawsuits, as Mr. Cheney
alleges.
They also say there is no reliable
evidence overall that doctors in Ohio,
for example, are leaving the state or
retiring early, as Dr. Sternfeld and his
colleagues allege.
A review by The Blade in April found
the number of Ohio physicians with
active medical licenses increased 5
percent from 1998 through last year,
from 36,464 to 38,332.
Physicians say that does not prove
doctors are not affected because most
physicians keep their licenses after
they retire, and it doesn't show how
many doctors have stopped doing
high-risk procedures.