Malpractice cap will harm Iowans

Since 2017, Gov. Kim Reynolds has made various attempts to restrict medical malpractice victims’ access to a jury trial by advocating for a bill which has been found unconstitutional in many states. The bill would place a dollar limit cap on non-economic damages for plaintiffs in a medical malpractice trial. Every year, there is a different rational used to justify this bill and other measures which restrict victims’ access to the courts. Proponents argue caps will reduce medical costs by reducing “run-away” jury verdicts, resulting in reduced liability insurance premiums and defensive medicine practices. This year proponents are emphasizing that a cap bill is needed to incentivize physicians and health care workers to move to Iowa, including rural areas.

First and foremost, the few high jury verdict award recommendations are seldom actually paid to the victims. Measures already in place to modify jury awards include attorney negotiations, insurance limitations, appellate courts, and judicial review. Medical negligence insurance premiums in the state of Iowa are already low, and the number of claims and payouts has been decreasing for years. Total annual health care spending in Iowa is $25 billion. Actual medical negligence expense is a mere 0.07 percent of the total.

The shortage of medical workers is a nationwide problem. It is influenced by the AMA, lobbyists and national and state decision makers who dictate how many medical schools can be built, the length of the medical curriculum, licensing laws, residency programs and the enrollment limits allowed for medical students and nurses. When demand exceeds supply, workers can choose the most desirable work locations, working conditions and positions which command the highest pay. Traveling nurses are now paid $200-$300 an hour. Doctors in the U.S. are the best paid in the world and earn over $200K. The U.S. is the richest country in the world but has fewer doctors per capita than any European countries. This limitation in medical personnel has been worsening for years and has been exacerbated by COVID. It is not the fault of medical malpractice victims. It is the fault of the institutions and the political bureaucrats who regulate the system.

Medical malpractice is the third leading cause of death in this country. The individuals most affected by this bill will be children, the elderly and the disabled. In the medical malpractice world, these individuals have little worth. If caps are implemented, victims will have difficulty finding a lawyer. Additionally, caps limit the value of human life, allowing politicians to anoint themselves judge and jury, taking away the rights of the people to a trial by jury.

The current laws in place already give the corporate and political stakeholders every advantage in the court room. They have fully funded institutional lawyers and media and marketing consultants in their corner. Rather than laying blame on victims for our broken, high cost, and understaffed health care system, legislators should focus on the medical infrastructure itself, which has inflated costs and limited access.

Please contact your legislators and urge them to vote no on House File 2279.

Kathryn Schussler lives in Marion.