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Malpractice and Health Care Reform

Letter to the Editor from NYSTLA President, Nicholas Papain, printed in the New York Times
Re "Malpractice and Health Care Reform" (editorial, June 17):

To the Editor:

The "medical malpractice crisis" is a myth ginned up by lobbyists who represent insurance and health care special interests, with no regard for the consumers who put their faith in medical providers.

Reforms to our liability system must make patients the priority. Patient safety initiatives, as independent studies have shown, are the only proven way to reduce premiums. Guidelines that dictated when a malpractice case could proceed, on the other hand, would pose significant dangers, including reducing the quality of care and imposing unfair obstacles to legitimate legal actions. Nor are caps on damages the answer, as your editorial points out.

A more effective way to improve care, protect victims of malpractice and reduce the burden on doctors would be to hold health maintenance organizations accountable for their negligence and the negligence of their doctors. Americans must have a fair way to get compensation when medical professionals make mistakes, period.

New York, June 17, 2009
Nicholas Papain
The writer is president of the New York State Trial Lawyers Association.

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