Washingtonians are used to getting some of the best medical care in the country. We have some of the finest, world-renowned physicians, specialists and medical institutions right here in our own back yard. Unfortunately, access to this superb medical care is declining because our state legislature and Governor Locke have failed to act on a crisis that threatens the viability of our entire health care system.

Case in point: In just the past month every emergency doctor in Providences’ three major hospitals in Western Washington were notified that their malpractice insurance was being canceled. A just a few weeks prior, 18 hospitals were notified that they would have to find new coverage as well.

The medical liability crisis must be addressed during the 2004 regular session. Must we have more patients hanging in the balance in order to get the legislature’s and Governor’s attention? Is it going to take some horrific example of someone not being able to get timely care because they have to drive 30+ miles to find a physician who will treat them?

Medical practices across the state are reeling from rapidly increasing malpractice premiums driven by out of control jury awards and settlements. Others are finding they are unable to get any type of malpractice coverage. Some family practice physicians and obstetricians have been forced to limit high-risk services such as delivering babies. Some neurosurgeons and orthopedists are telling patients they can no longer provide surgical services. Every week we hear of physicians who are either leaving the practice of medicine or moving out of state. If this continues, many patients may soon lose access to physicians in their communities.
   A recent survey conducted by Moore Information and the McDonough group demonstrates public support of this issue. Seventy-two percent of those surveyed said they support limits on the amount of money juries can award for non-economic damages. At the same time, 56 percent describe the issue of medical malpractice lawsuits in Washington today as a crisis or major problem.

Reports and data exist that support both sides of this issue, but let’s look at the Washington state specific numbers. According to Jury Verdicts NW, since 2000 there have been 47 liability settlements or verdicts reported to that publication (more are not reported due to confidentiality agreements). The total value of these cases — $80.1 million. The total represented by non-economic damages – 76.3 percent. The total savings that would have been realized if a $250,000 cap on non-economic damages were applied to these 47 cases — $53.5 million.

Enormous awards for pain and suffering impose huge costs on everyone. High premiums get passed on, impacting everyone’s insurance rates, co-pays and deductibles. And that’s just on the medical side. Let’s not forget the impact rising insurance premiums have on the cost of housing, increased taxes, and limited community services.

The Washington State Medical Association and its physician members will continue to advocate for meaningful tort reform on behalf of our patients and our communities – so we can be there for them in the future. Our proposal is based on reforms that have been proven to work in reducing premiums in other states. For example, earlier this year Texans passed a constitutional amendment and the legislature enacted a $250,000 cap on non-economic damages. Already the state’s largest medical malpractice insurer has announced it is lowering its rates by 12 percent beginning Jan. 1. The Texas experience flies in the face of arguments that caps have nothing to do with reducing premiums.

These reforms will not take away a patient’s right to seek legal action. They continue to preserve a patient’s day in court. These reforms simply ask that juries be held to some parameters that bring some fairness and balance to the system.

As a physician, my diagnosis of our health care delivery system in Washington state is not good. And if we continue along the path with no reforms, the prognosis will be terminal. That is unacceptable when there is a proven fix available.

Let’s make sure it doesn’t come to that. These reforms are in the best interest of every patient in our state – and other states have shown us – they work.
Washington’s health care delivery system is increasingly fragile. If society wishes to have unlimited awards, it must face the prospect of unlimited premiums driving doctors away.

The legislature and Governor must act on medical liability reform in the 2004 legislative session.

(Editor’s Note: Dr. Wicks is the Secretary/Treasurer of the Washington State Medical Association and an orthopedic surgeon at The Doctors’ Clinic in Bremerton.).