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CNN SUNDAY MORNING

Surgeons Threaten to Protest High Cost of Malpractice Insurance

Aired December 29, 2002 - 07:23   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

CATHERINE CALLAWAY, CNN ANCHOR: When the new year rings in, some physicians may be walking out -- dozens of surgeons in Scranton Pennsylvania are threatening to protest against the high cost of medical malpractice insurance and the even higher cost of judgments.
CNN's Jennifer Coggiola has the details.

(BEGIN VIDEOTAPE)

JENNIFER COGGIOLA, CNN CORRESPONDENT (voice-over): Imagine you're pregnant, getting ready for the big day, and the doctor treating you is closing his doors -- sadly it's a common trend across the country.

DR. OSCAR MIMS, JR., WASHINGTON HOSPITAL CENTER: We have an absolute epidemic across this nation. I fear that in a few years, there may be no one available to deliver the babies.

COGGIOLA: An exaggeration perhaps, but with medical malpractice insurance rates sky rocketing, some doctors find it too costly to provide such high risk services as obstetrics, one of the hardest professions to ensure.

UNIDENTIFIED MALE: Because after that everything changes.

COGGIOLA: What's to blame depends on who you ask.

LAWRENCE E. SMARR, PRESIDENT, PIAA: The system has become a lottery system for the trial lawyers, where they don't have to win often, because when they do, they win big.

COGGIOLA: The average jury award in medical malpractice claims jumped 43 percent last year, to $1 million.

ROBERT J. WELTCHEK, LAWYER: I think the system works wonderfully and large jury verdicts are because somebody made big mistakes.

COGGIOLA: To help reduce the fever, more than 20 states had adopted tort law reform, which places a cap on pain and suffering awards.

WELTCHEK: But the person who's been ruined for life, the person who's suffered a catastrophic illness, their injury and their damages are limited -- it doesn't make any sense.

UNIDENTIFIED MALE: You can't practice medicine in fear, you've got to do the best that you can.

COGGIOLA: A doctor's duty and a patient's protection all too often at odds.

Jennifer Coggiola, CNN.

(END VIDEOTAPE)

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