There is a bill in the Legislature to limit the dollar amount of medical malpractice claims. Where this has already been legislated, there has been no decline in malpractice premiums nor a decrease in medical costs.
According to information in the media, increased premiums have been due to insurers having major claims from Sept. 11 and the many natural disasters that have recently occurred. Premiums have also increased because of decreased returns on investments made by insurers.
In Maine, medical malpractice claims go before a panel to determine the validity of the claim. This process has seemed to work well in keeping frivolous claims out of the court system.
We should not punish a victim who has had a truly life-altering negligent medical claim. The key is negligence, as opposed to the risk that is involved in any medical treatment.
For those who are inclined to support this legislation, I think it would be prudent of them to ask insurers to show proof of a significant decrease in premiums in any state where this has already passed. If this legislation is to seriously be considered, I suggest adding that there must be a mandatory decrease in premiums of 30-40 percent and that increases could not exceed some cost of living index.
If insurers, or anyone else, truly believe uncapped claims are the primary cause of high malpractice rates, they should not object to these restrictions in return for a cap on claims.
Stanley L. Tetenman, Poland
Comments are no longer available on this story