What SCMA and CMA are doing for you
Saving MICRA
By SCMA President Heather Furnas, MD
In the CIA thriller Spygame, Robert Redford’s
secretary bemusedly questions his flurry of seemingly paranoid activity.
He pauses a moment before asking her, “When did Noah build the ark?
Before the rain … before the rain.”
Dark clouds are presently gathering over MICRA (the Medical Injury Compensation
Reform Act that California enacted in 1975), and CMA is making plans to
build an ark. In the current legislative session, Sen. Tim Torlakson (D-Antioch)
plans to introduce a bill to raise MICRA’s $250,000 cap for “pain
and suffering” to more than $900,000.
Thirty years ago, California was in such terrible condition from its malpractice
crisis that Gov. Jerry Brown called a special legislative session. His
warning still rings true: “The inability of doctors to obtain …
insurance at reasonable rates is endangering the health of the people
of this state and threatens the closing of many hospitals.” The
legislature subsequently passed MICRA, which now serves as the national
model for tort reform.
Eroding MICRA would be utterly catastrophic for California physicians
and their patients. We can look to Florida to see the probable consequences.
A recent survey of physicians practicing in rural Florida indicated that
the high cost of malpractice insurance in that state had a major impact
on the availability and delivery of health care services (Arch Int
Med, Nov. 8, 2004). The survey’s authors infer that similar
“adverse effects on access to care are likely occurring nationwide.”
How lucky are physicians in Sonoma County? Compared to non-MICRA physicians
in similar locations around the United States, our malpractice premium
costs are almost 80% lower (see table). The average non-MICRA annual premium
for all specialties is $90,602; for MICRA, it’s just $19,445.
What are we up against? A whole lot of money. The No. 1 priority of California
trial lawyers is to defeat MICRA. For every dollar California physicians
contribute to protect
MICRA, trial lawyers contribute $200 to defeat it. Worse yet, while only
20% of California physicians contribute to CMA’s political action
committee (CALPAC), 100% of the trial attorneys contribute to their PAC.
All of us need to pitch in to defend MICRA. If you specify MICRA on your
CALPAC donation, 100% of your contribution will go directly to the cause,
with none spent on administration. It’s going to take a lot of timber
to build this ark, and I think I hear some thunder in the distance.
To defend MICRA, send your check (payable to CALPAC) to SCMA, 3033
Cleveland Ave. #104, Santa Rosa, CA 95403. You can also phone your credit-card
information to 707-525-4359 or fax it to 707-525-4328.
Click here 
to view a PDF chart of MICRA vs. Non-MICRA Malpractice Premiums.
Sonoma Medicine, Volume 56, Number 2 (Spring 2005).
