Physicians: heal selves before changing law

To the editor

   In early February, New Jersey physicians left their practices to protest in Trenton against high malpractice insurance rates.
   Some of New Jersey’s rates have increased up to 30 percent, making costs as high as $150,000 to $200,000 annually. Most doctors can no longer afford to practice in New Jersey and are requesting malpractice lawsuits impose a cap of $250,000.
   For any pain and suffering awards over $250,000, the money owed would come from a state fund financed by a new annual license fees on doctors, lawyers and accountants as well as a surtax on all health insurance policies.
   Yet, how can authorities limit a lawsuit in which the plaintiff encounters permanent damage through a doctor’s negligence? A cap would hurt the victim, allow doctors to escape with a "convenient" fine and, overall, not correct the problem of high malpractice insurance rates.
   First, the state fund that covers lawsuits over $250,000 will run out. The courts, on average, award $939,000, and, with a state fund of about $25,000,000, judgments will deplete the fund quickly.
   Pennsylvania already tried to cap lawsuits but, in less than a year, the state fund bankrupted.
   This fund also could shortchange residents because the state fund paying the awards comes from the surtaxes placed on health insurance. The state fund only helps doctors keep their premiums low. Doctors should compensate victims; the residents of New Jersey should not carry the burden.
   Second, instead of short changing the victims of needed compensation for their suffering, politicians should create a solution to address the problem — doctors making too many mistakes.
   If lawsuits diminish, the judicial system will take any new malpractice suits more seriously. When a doctor makes a genuine mistake, the government should also institute further education programs (i.e. classes and workshops) so doctors can learn from their mistakes.
   As for any malpractice suits filed in vain, courts should order the plaintiff to pay court costs when they find no malpractice.
   Instead of trying to solve the high insurance premiums, doctors should take some responsibility in resolving the issue themselves. If doctors continued their education after college, they may not commit as many errors.
   Physicians should try to prevent their mistakes rather than hide behind the government’s protection.

Angela Cocuzza
Hillsborough High School