Caps Reduce Patients' Harms and Losses To Just Another Cost Of Doing Business

Here is a reprint of a letter that appears in this morning's New York Times written by Patrick J. Kenneally (my boss):

Re “A System Breeding More Waste,” by David Leonhardt (Economic Scene column, Sept. 23):

Mr. Leonhardt’s article is a good-faith effort to discuss both sides of an emotional issue. It acknowledges the fact that a majority of wrongfully injured patients never seek compensation. That means that culpable doctors get away with medical negligence.

Under our system of justice no doctor is held to account for a “mistake,” but only for falling below the established standard of reasonable medical care — that is, being negligent.

Some believe that the most effective reform would be a cap on damages — an artificial limit on negligently injured patients’ compensation. No state that has imposed such limits, to my knowledge, has seen a reduction in medical negligence or even a meaningful reduction in doctors’ malpractice insurance premiums.

Saying to a child or any patient who, because of negligent medical care, sustains permanent brain damage that his or her inability to have a normal life should be “fairly” compensated with $250,000 or $500,000 (for noneconomic damages) reduces medical negligence to a determinable cost of doing business for insurance companies and negligent doctors. Such “reform” is unfair to patients. Patrick J. Kenneally

Chicago, Sept. 23, 2009

The writer is a personal injury lawyer.