Rio Grande Doctors to Protest

By LYNN BREZOSKY
.c The Associated Press

BROWNSVILLE, Texas (AP) - Life in the Rio Grande Valley is pleasant enough for Dr. Bradley Nordyke. The fast-growing population needs him and he enjoys perks such as light traffic, proximity to Mexico and a quick drive to Gulf Coast beaches.

The caveat is his fear of litigation.

``Being sued is part of practicing medicine in South Texas. I have heard that same statement from lawyer friends of mine,'' Nordyke said. ``One said, 'Don't take it personal, it's just part of business.' I'm sorry, but I do take it personal. Plus, I have to worry about losing everything I've worked for.''

Nordyke is one of approximately 600 private practice and hospital doctors planning to close their offices Monday for a ``day of awareness'' about malpractice insurance fees and a litigious climate they say is driving rates up and driving doctors away.

Up the coast in Nueces County, where 63 percent of doctors have had claims filed against them in the last 13 years, doctors are planning simultaneous activities to show support. Emergency services at hospitals will not be stopped.

``It's not something they want to do, but circumstances compel them to do,'' said Jon Opelt of Citizens Against Lawsuit Abuse, which is organizing the event. ``They see this as a plea for survival for doctors and patients.''

The most outspoken critic of the walkout is the lobbying group Texans for Public Justice.

``Instead of marching on a courthouse, turning their backs on patients, they ought to be marching on the governor's office and joining with constituents to try to do something about skyrocketing insurance rates,'' director Craig McDonald said.

In Texas and across the nation, the insurance industry has been rocked by the stock market slide, Sept. 11 aftermath and lawsuit expenses.

In parts of Florida, some doctors may pay more than $200,000 for coverage. West Virginia's governor called lawmakers into special session to devise affordable insurance options to keep doctors from leaving the state.

Since 1999, seven of 17 malpractice insurance carriers serving Texas have either left or gone belly up, according to the Texas Department of Insurance.

``Over the last couple of years we have been paying out more in claims than we have taken in in premiums,'' said Julie Pulliam of the National Insurance Association. ``Claim costs have gone through the roof. The primary reason is the cost of lawsuits.''

Kim Ross, a lobbyist with the Texas Medical Association, attributed the surging premiums to several factors.

``Lawyers need to accept their responsibility for their failure to police themselves and the insurance companies need to provide responsible pricing and underwriting accountability,'' Ross said.

Lawyers say doctors mistakenly believe that tort reforms limiting jury awards will lower their insurance premiums. They note that the New York-based Center for Justice & Democracy found that while insurance companies benefit by limitations on what juries can make them pay, the companies do not pass those savings on to customers.

``I really don't think it is a lawsuit problem. I think it's an insurance problem,'' McAllen attorney Albert Garcia said. ``The public, if they're like me, doesn't like insurance companies and doesn't trust insurance companies. The companies know that and they have to blame someone and lawyers are easy to target.''

Opelt of the lawsuit abuse organization blames lawyers for filing frivolous lawsuits, 86 percent of which result in no payment to the plaintiff. But awards that are granted in the Valley ``tend to be considerably larger than state average,'' he said.

There are several theories why South Texas juries are so generous. The Valley is a geographically isolated region with large, young families and one of the poorest places in the nation. Large corporations are likely to be seen as distant big business with limitless wealth rather than mass employers.

According to the Texas Medical Liability Trust, Valley doctors are at least 10 percent more likely than doctors elsewhere in Texas to have a claim filed against them, and 20 percent more likely than doctors in most parts of the nation.

Cardiologist Carlos Chavez, 65, saw his premiums nearly double - from $42,000 last year to $76,000 this year. He says he is putting off retirement because he can't meet expenses.

``We have a lot of indigents, so we have to provide services free, so to speak.

To me, it's paradoxical that those people who don't have money are the ones that are suing us, maybe because they want to get money,'' he said. ``But that's not the way to get money, at our expense.''

On the Net: Citizens Against Lawsuit Abuse: http://www.calahouston.org/

Texans for Public Justice: http://www.tpj.org/

Texas Department of Insurance: http://www.tdi.state.tx.us/

Texas Medical Association: http://www.texmed.org/

AP-NY-04-07-02 1521EDT

Copyright 2002 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. All active hyperlinks have been inserted by AOL.

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