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The Honolulu Advertiser
Posted on: Wednesday, April 26, 2006

Malpractice bill needs complete airing

It is highly unlikely a malpractice "reform" bill strongly supported by many in the medical community will pass the Legislature this year.

The push and pull between the various parties involved, including personal injury lawyers, doctors and medical providers and insurance companies, apparently has created too powerful a tide for lawmakers to deal with.

But House Judiciary Committee Chairwoman Sylvia Luke is making a mistake by holding the bill without even a public hearing, on grounds it is too late in the session to deal with such a complicated matter. She also says she is not convinced the bill would accomplish the goals sought by supporters.

These are interesting points. But it is a disservice to all to let it die without a final committee hearing.

In fact, by putting the bill on ice, Luke does a disservice to herself as well. She has been attacked in newspaper ads that imply she held the bill because she works for a plaintiff attorney law firm and has received campaign contributions from plaintiff lawyers.

We're confident Luke can separate those two roles. Giving the bill a full hearing would emphasize that point and help eliminate any perception of a hidden agenda.

The problem the bill attempts to address — rising malpractice insurance premiums and a growing shortage of physicians willing to go into "high risk" fields — is real.

While the number of malpractice claims has fallen somewhat in recent years, that has not stemmed the tide of higher insurance costs and of doctors throwing in the towel on high-risk practices.

There is no easy way out of this mess. Depending on whom you ask, the problem is the result of negligent doctors, litigious patients, greedy lawyers or excessively defensive insurance firms.

The truth is, all players have a role in the problem and should have a say in the solution. The only way to get to that point, however, is to hold as many hearings and as many discussions as are necessary. Bottling the measure in committee won't get us there.