Lawyers stand between doctors, patients
The threat of medical malpractice lawsuits cripples care in Arizona
— Linda Turley-Hansen is a syndicated columnist and former veteran Phoenix television news anchor who lives in the East Valley. She can be reached by e-mail at letters@lindastake.com.
When a good thing goes bad, and the challenge to put it right seems overwhelming, what does society do? It’s past time to rein in the legal profession. In bringing up this subject, I do so with trepidation, as some members of my family make their living in law, as do many friends. My guess is, though, most will side with my take. There are many examples to prove that the legal industry has become predatory, but medical malpractice seems to reign as the worst. It’s no secret that it’s the bread basket for thousands of attorneys, but in the end, their success is at the expense of us all. Are you aware that the Arizona medical industry describes itself as “crumbling;” that its specialists are fleeing emergency room service due to the high risks of treating patients in that setting? Are you aware that our Gov. Janet Napolitano, herself an attorney, vetoed efforts last year to address this crisis, then her staff is alleged to have undermined a new bill to the point it died in the House? Are you aware that the only opponents were “personal injury lawyers?” The Arizona Medical Association points out that no one, not even attorneys, deny the medical crisis is real. Let’s start at the beginning. After Napolitano’s veto, she ordered a task force to make recommendations, and it did. Reports tell us it suggested a bipartisan bill, much like the one she vetoed. This year’s version became SB1032. It never got out of the House, defeated by the Democrats and a few Republicans. The measure would have raised the bar for proving medical negligence in emergency cases, requiring “clear and convincing” evidence. But, a patient’s rights to sue would not have changed. And so folks, we’re in stalemate, as sluggish emergency rooms give Arizona the distinguished ranking of the longest waiting times in America. Tragically, once a patient is seen, fewer specialists are on site. It’s telling that our governor is tough on illegal immigration, evidence she does have backbone, but she sidesteps the growing abuse of malpractice suits? Her negligence should keep her up at night. Not only is patient care at risk, but so are the doctors. AzMedicine (Winter 2007), the Arizona Medical Association’s quarterly publication, reports “six in 10 doctors have considered leaving medicine.” Some actually do. “Others commit suicide or become addicts; one in three, are depressed, while many others suffer marriage problems, low morale and financial distress.” And, we wonder why the quality of service is on the slippery slope. Arizona’s Legislature is an accomplice; a smaller version of their big brothers in Washington, where lawmakers and lawyers are bedmates. It’s all about the golden goose — one locks it up, the other makes the kill. What a team. Dr. M. Zuhdi Jasser, the Arizona Medical Association’s president, tells his colleges, “Government, third-party payers and the liability crisis have created a growing chasm between me and my patient — hijacking our profession from under our wings.” The issue: Conditions in Arizona make it difficult to attract emergency physicians and specialists continue to exit the favorite fishing hole for lawyers. Hand surgeon Doug Bobb is one of those specialists who left the environment he loved. A good family friend and Ahwatukee Foothills resident, he told one legally driven horror story after the other. He said, “They’ve eviscerated the heart and soul of the industry.” His life is now easier, his insurance premiums have dropped dramatically, but he worries about Arizona health care. We should be worried, too. Recently, angry voters showed their power in regards to the congressional immigration bill. Doctors need that same volume if Arizona, the fastest growing state in the nation, is ever to rebuild a healthy medical industry. Abraham Lincoln said, “No law is stronger than is the public sentiment.” But is public sentiment stronger than greed? As long as there’s a feeding tube between the bedfellows in law, their codes to help humanity are dead last. For the sake of our families, our outrage is mandatory. Find out how your legislator voted at: www.azmedassn.org/publications/1032_Votes-Sen-House.pdf.
