Arrow-right Camera
The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Opinion

In their words …

The Spokesman-Review

The following editorial recently appeared in the Olympia, Wash., Olympian.

Voters have rejected the doctors’ and lawyers’ solutions to mounting insurance and medical malpractice problems in this state. It’s time for the governor and state Legislature to do what they are paid to do: resolve this complex issue through compromise and decisive leadership.

Their failure of leadership forced laypersons to attempt to wade through the tortuous television ads and make intelligent decisions on two convoluted ballot propositions.

Voters took the easy way out and said “No” to both. In saying “No,” the voters rightfully tossed this complicated issue back where it belongs: in the laps of lawmakers and the governor.

So what are the governor and Legislature to do? We suspect the public would support a solution that:

“Creates a “three strikes, you’re out” provision for doctors. Three acts of unprofessional conduct in 10 years results in a license revocation.

“Puts some teeth in the state’s disciplinary system so that bad doctors lose their licenses.

“Requires that malpractice insurance rate changes be approved by Insurance Commissioner Mike Kreidler before taking effect.

“Ends secret malpractice settlements.

“Sets up an arbitration system that encourages settlement of malpractice claims before they get to court. Claims should be certified by a medical expert as legitimate before the claim is allowed to proceed. Decision-makers also should consider creation of specialty heath care courts to handle these difficult cases.

“Gives the public easy access to malpractice track records of physicians, hospitals and other health care providers.

“Allows malpractice awards to be paid out over a period of years instead of in lump-sum payments.

“Keeps the peer review system in hospitals where doctors sit in judgment of their colleagues.

“Shields apologies of health care providers from use in a lawsuit.

“Sets qualifications for expert witnesses and limits the number allowed on each side.

“Creates a genuine doctor discipline system. Physicians have done an abysmal job of getting rid of bad doctors.

“Sets limited liability for those who practice in emergency settings.

Hopefully, physicians and lawyers have learned that their “all or nothing” approach is not going to solve the insurance/malpractice crisis in this state. It’s time for all parties, and that includes insurers, to come to the bargaining table, put forth their ideas for public scrutiny, compromise and search for areas of consensus.