Times Leader, The (Wilkes Barre, PA)
March 24, 2003
Section: NEWS
Edition: MAIN
Page: 3A

MALPRACTICE HEARING'S FORMAT RAPPED
GIVE MEDICAL NEGLIGENCE VICTIMS FAIR SHARE OF TESTIMONY TIME, SAYS LAWYER

STEVE MOCARSKY smocarsky@leader.net

SCRANTON - A regional organization representing law firms and victims of medical negligence on Sunday criticized a state hearing on the medical malpractice insurance crisis scheduled today in Scranton.

The state House Majority Policy Committee will hear testimony about the crisis beginning at 1 p.m. today at Mercy Hospital.

``The committee ... will hear from 15 insurance executives, doctors and hospital administrators who represent the medical industry and big business,'' attorney Melissa Scartelli said at a press conference at the Radisson Lackawanna Station Hotel.

"Against these 15, how many victims (of medical negligence) will they allow to be heard? One!'' Scartelli said on behalf of the Committee for Justice for All, which represents more than 50 law firms, medical negligence victims and others who oppose caps in malpractice damages.

Scartelli said the 15 who support malpractice award caps will offer 135 minutes of testimony, but the House Committee will hear only 30 minutes of testimony from one lawyer and one malpractice victim who oppose the caps.

"This meeting is not about fairness. It is about furthering a Republican agenda to bail out insurance companies by dumping their financial burdens on the backs of the people,'' Scartelli said.

State Rep. George C. Hasay Jr., R-Shickshinny, co-chairman of the House Majority Policy Committee, said today's hearing is one of several being held across the state ``to get as much information as we can to try and address this issue and to try to address both sides of both concerns. ... We're looking at all sides."

Hasay said he's sure the House Insurance Committee is also holding hearings, and that the Majority Policy Committee is seeking input from malpractice insurance companies as well.

Scartelli said malpractice insurance company executives aren't testifying at the Majority Policy Committee hearing because those company executives have said imposing caps on awards will not affect the rising insurance premiums that doctors claim are forcing them to relocate or limit their practices.

Scartelli said the real reason insurance companies are raising malpractice insurance premiums is because they lost a fortune in the stock market.

Don Holling, 47, of Hazleton, said a surgeon removed one of his kidneys because the doctor mistakenly thought it had cancerous cells. Holling said the doctor assured him the diagnosis was correct and there was no time to obtain a second opinion before the surgery.

"It was settled out of court after a short trial. The first thing they did was seal the record so no one could know what this doctor did," Holling said.

Robert Powell, Holling's attorney in the case, said caps on awards would hurt malpractice victims such as Holling, whose family went through eight years of litigation and humiliating testimony.

Scartelli said a proposed $250,000 cap on awards will leave patients with no recourse against medical negligence because experienced law firms won't be able to afford ``to investigate, substantiate and litigate their claims.''


Steve Mocarsky, a Times Leader staff writer, may be reached at 459-2005.


Copyright (c) 2003 The Times Leader