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Letters |1 October 1995

Beyond MICRA: New Ideas for Liability Reform

Leo Uzych, JD, MPH

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  • Wallingford, PA 19086
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TO THE EDITOR:
In its position paper, the American College of Physicians [1] identifies liability reforms emanating from the California Medical Injury Compensation Reform Act (MICRA), including caps on damages, limits on attorney contingency fees, and offsets of awards from collateral sources. These reform mechanisms, however, remain highly contentious and may adversely affect the public health.
One major academic study found that 98% of all adverse events caused by negligence did not result in malpractice claims [2]. Indeed, the failure of most negligence cases to enter the system is probably the biggest problem plaguing the malpractice system. Contingency-fee caps will probably make it even harder for prospective plaintiffs with meritorious cases to obtain experienced representation. If a limit is imposed on plaintiff's attorney fees, shouldn't limits also be imposed on the ability of defendant providers to secure experienced representation, perhaps by limiting fees that defendants' attorneys may accept [3]?
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Uzych L. Beyond MICRA: New Ideas for Liability Reform. Ann Intern Med. ;123:554. doi: 10.7326/0003-4819-123-7-199510010-00020

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Published: Ann Intern Med. 1995;123(7):554.

DOI: 10.7326/0003-4819-123-7-199510010-00020

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