The Sun Journal editorial missed the mark when commenting about the medical liability climate in Maine (Jan. 15). This issue is much too complicated to be shrugged off with five brief sentences.

The editorial failed to point out that the American College of Emergency Physicians gave Maine a “D” grade for our liability climate. Also, it is my understanding that many of the emergency rooms and physicians have been sued for medical negligence, something the editorial also did not mention. These are the same facilities the editorial applauded for providing such good quality care and patient safety.

So we are left to wonder, are they good hospitals and emergency rooms or are they all really “bad” hospitals and doctors who deserve to be sued? It really can’t be both.

Finally, the greatest problem with failing to provide a cap on non-economic damages in lawsuits is that the threat of going to trial forces doctors and hospitals to settle lawsuits, even when they feel that the care was caring and careful. Doctors and, to a lesser extent, hospitals have limits on their liability policies. The chance, no matter how small, that a jury trial might lead to a multi-million-dollar award – and bankruptcy for the defendant – explains why there are so many settlements in Maine. Those settlements cost real dollars that we all pay as we struggle to afford medical care.

Gregory D’Augustine, M.D., Greene