New York, NY —
Anchor: On Monday, New Jersey will probably be subjected to the biggest work slowdown by doctors in U.S. history. To call for a cap on malpractice jury awards, thousands of physicians are expected to stop practicing medicine, except for emergencies. We don't yet know for how long. But before you put your white coat in mothballs, WNYC's Brian Lehrer wants you to consider this open letter to Garden State MD's.Brian: Dear Doc,
Don't do it. Don't go on strike. People are likely to die. If you want us on your side in your campaign for cheaper malpractice insurance, don't cheapen your profession.
I'll admit I'm no expert in insurance law. But I can see you have a real problem here. Doctors don't leave the practice of neurosurgery or obstetrics lightly. And insurance companies don't leave the state unless they've given up on their mission - to make money. If it's really becoming too expensive to practice, something must be done. But a universal cap on non-economic damages of 250,000 dollars may still be too low for the most extreme cases of lost quality of life. And the real malpractice crunch seems limited to certain specialties. It looks to me like a selective crisis that requires - dare I say it - a surgical approach.
I am pretty sure of one thing, doc: The legislature is paralyzed on this issue because it's a contest between three of the most powerful special interests in the state: the doctors union, the lawyers union and the insurance companies union. You all feel very entitled to make lots of money. Usually, doc, you're great about fighting the insurance companies to make sure they cover what I need. But in this case, you're teaming up with big insurance to fight the trial lawyers over caps. We patients are just the pawns as you all claim to be acting in our interest. Pardon me while I get a little sick, as your battle of the gods plays itself out in Trenton.
But in the meantime, please don't strike, or you'll REALLY be guilty of malpractice. You say you'll only stop doing routine medicine and elective surgery, but still treat emergencies. But come on, doc. You know there are no such categories in real life. Today's small lump unexamined is tomorrow's metastasized cancer. Today's missed sonogram is tomorrow's birth defect. I shudder to think at the damage awards juries will hand out for the heart attacks that take place the day after the check-ups you cancelled because you were on strike.
It's illegal in most places for other vital services personnel to strike - cops, firefighters, even transit workers. It should be illegal for you too.
New Jersey emergency rooms say they're staffing up for the parade of patients with nowhere else to go. Some hospitals say they're readier than they would have been two years ago, because of drills they've been doing in case of another terrorist attack. But who thought it would be our own doctors, inflicting civilian casualties to fight your economic war?
Remember, doc: The Medical Society of New Jersey - your union, in effect - claims it is not organizing a job action, and says every doctor can decide for yourself whether to take part. So I appeal to you as an individual who can think for yourself. Go to Trenton, doc, and make your case. But first, do no harm.