By Robert B. Sklaroff, M.D.

Published April 1999

• React to this article in the Discussion Forum.

Roger Mecum serves both as the Chair of the Civil Justice Coalition (CJC) and the PMS Executive Vice President. In his interview, published in the April issue of Physician’s News Digest, he said that such bills can be 20-40 pages in length, implying that it would become a difficult "sell" under such circumstances. Yet, model legislation acquired from the American Tort Reform Association in Washington, D.C., ran nine pages.

Even were length a legitimate concern, the more dominant argument he articulated is that the "reduction to current worth" facet of the bill accomplishes comparable goals. Yet, pivotal in periodic payment law (which exists in almost half of the states in America) is the inherent ability to shut off payments if the patient should die from natural causes.

There is no justification for payments to be made to a phantom recipient, and that’s why lump sum awards should be vigorously opposed. (They also create a "let’s-hit-the-lottery" atmosphere in the judicial setting). This concept should resonate both among the members of the CJC and the general public. It is unclear why the leading organization purporting to represent the vital interests of physicians has suddenly stopped fighting for the only solution by which the $2 billion CAT Fund liability albatross can be lifted from around the necks of physicians.