Pittsburgh, May 9, 2003 -- Neurosurgeons in the western Pennsylvania area have provided state-of-the-art health care to almost five million people regionally. Many more come from all over the world seeking care here. Some of the world's most technologically advanced neurosurgical care options are found in this region. Yet, in the past five years, 20% of practicing neurosurgeons in western Pennsylvania have retired or moved their practice out of state. Why is this?

• Frivolous lawsuits seeking untold amounts of money strain our time. Recent lawsuits have been filed in our community, asking for millions of dollars in judgment. The allure of a quick fortune for a few is saddling the system. Neurosurgeons spend endless hours tied up in depositions defending their care. This is time better spent on patient care.
• As a result of these lawsuits the annual cost for malpractice insurance in our state has skyrocketed. It now approaches $100,000 per neurosurgeon, regardless of any history of lawsuit. This has lead to a dramatic increase in overhead costs for each surgeon.
• Reduction in physician reimbursement costs have further strained budgets.

A reasonable cap ($250,000) on non-economic damages awards in Pennsylvania is sorely needed. It will help eliminate the "sky's-the-limit" cause of many frivolous lawsuits and ultimately bring malpractice insurance costs in line. With more reasonable malpractice costs, western Pennsylvania will be able to keep its physicians and world-renown medical institutions. A more favorable legal environment will also help attract the growing crop of bright, young neurosurgeons and other physicians who -- lately -- have bypassed our area.

Please keep in mind, caps on non-economic damages do not affect an injured patient's ability to be "made whole" for financial losses.

• A reasonable cap on non-economic damages would not stop, limit, or in any way prevent a patient from being paid 100% of medical expenses, loss of earnings capacity, and rehabilitation costs -- for life.
• Non-economic damage awards are damages that can't be measured objectively. They're sometimes called awards for "pain and suffering."
• Right now, juries in Pennsylvania are given a blank check and not much guidance on how to award non-economic damages. Problem is, these are awarded on top of other damages already awarded, resulting in "jackpot type" awards. Further compounding the inequity of the system, trial lawyers typically keep 30-40% of any award, plus reimbursements for all their expenses. Defendants sometimes may only receive a small share of the "jackpot."
• Economic damage awards can fully compensate for things like lifelong medical expenses, lost earnings, costs for a nurse, rehabilitation, or other household help following a medical injury. Doctors are not advocating a cap on economic damages.

Limiting non-economic damages is not a new proposal. It works in other states. More than 20 states have some limit on non-economic damage awards. California has had a cap on such damage awards since 1975 and that state today has lower liability claim payments, lower premiums for physicians and speedier victim compensation.

In January, President George W. Bush publicly stated that he is in favor of a cap on non-economic damages, blaming a "broken legal system" for skyrocketing insurance costs.

Concerned patients and citizens need to contact their congressional and state representatives to help pass proposed legislation intended to prevent lawsuit abuse. Helpful contact information can be found at http://capwiz.com/pamedsoc.

Both of Pennsylvania's U.S. Senators, Arlen Specter and Rick Santorum are opposed to caps. Their support is critical to passage of the U.S. Health Act, which will place caps on non-economic damages. We urge you to contact them by e-mail, letter or phone and express your support for caps on these awards. Without support of our patients, access to neurosurgical care will continually diminish.