Curing frivolous lawsuits vital to medical community

Curing frivolous lawsuitsvital to medical community
EDITOR:
Misinformation is an unfortunate fact of life. Be it stories, passed mouth-to-mouth, edited publications or the airways, inaccuracy creeps in. Some of it is harmless enough, some destructive.
Such is the case in the current medical malpractice arena. It was with great disbelief, evolving to dismay and anger that I listened to a local attorney plying his wares. He suggested that a well-intentioned physician may indeed "make mistakes" and that he or she expected to be sued. But, it was OK since physicians carry malpractice insurance for that reason. Certainly, the inference was that this would have no impact on the physician. Nothing could be further from the truth.
In the current climate of "drop the hat" litigation, physicians and medical malpractice underwriters are easy targets. Each time an action is taken against a physician (right or wrong), a legal defense must be mounted, clearly at the expense of the medical malpractice carrier. That only seems fair. However, even when the physician is dismissed from the case (for no wrongdoing) or the suit is carried forward yet the physician is exonerated, this still counts against him or her. The insurance company has still borne the expense of defense. This malpractice "claims activity" still remains on the physician's record, ultimately translating to higher insurance premiums. Is this right or even remotely reasonable?
We find ourselves today in crisis -- not imagined or exaggerated -- but very real and painfully tangible. The legal system and its agents have spawned a litigious climate. Who really gains? Certainly not the practice of medicine and most often not even the injured patient. The net effect is escalating malpractice costs, which translates to unaffordability or the uninsurability of many physicians. The obvious end point is becoming unavoidable -- the exodus of some very fine and dedicated physicians from the practice of medicine. At very least, local physicians are relocating to the very few other states where the application of medical malpractice action is logical and evenhanded.
This is not meant to imply that there are no cases of true medical malpractice. But indeed these are the exceptions, not the rule. Tort reform alone is not the cure. Action must be taken before court involvement. As in several states (unfortunately all too few), a committee serves to review potential medical malpractice cases, to determine merit. If the committee members find grounds to proceed, they will advise as such. Thus, the suit may go forward, following the routine channels of litigation. In the event that the allegation is deemed frivolous or unfounded, a recommendation is made not to pursue legal action. This does not mean that a suit cannot be filed, but demands that if the courts rule in favor of the defendant (physician), any and all costs for the defense will become the responsibility of the plaintiff. Surely this will be a major step toward deferring the filing of frivolous "name all" actions. Only good can come out of such a system.
I would encourage all who agree with this -- a much more reasonable paradigm -- to write and or call their state and U.S. congressman.
AUGUSTINE P. BISCARDI, D.O.
Youngstown

Wedding weathers the storm
EDITOR:
We would like to acknowledge some special people. Our daughter and son-in-law were married Aug. 9 and the reception was at Mr. Anthony's in Boardman. With the heavy rainfall a sure disaster was in the making as the parking lot was flooded and people were stranded in their cars. Two security guards, Tim Gay and Dan Lacefield, along with our guest, Rich Quinn, came to the rescue. They used their trucks and picked up the guests and shuttled them through the night so the reception could go on. Through their efforts, Tammy and Bob Thomson had a wonderful reception.
ELAINE and JOHN TABAK
Campbell