I was deeply offended by Michael Hiltzik’s off-hand – and fundamentally inaccurate – dismissal of the national burden imposed by frivolous medical lawsuits. Mr. Hiltzik rejected national cost estimates of baseless lawsuits and stated his own opinion that the issue was merely a partisan political fight led by special interests. Whatever the value of Mr. Hiltzik’s opinion, his assessment of the facts is misleading.

The greatest cost of frivolous medical lawsuits is due to “defensive medicine,” that is, all the unnecessary tests, referrals and specialty visits that doctors order just so they won’t be sued. Mr. Hiltzik claims this cost is “only” $50 billion a year. He might have checked with the United States Department of Health and Human Services, which estimates the actual costs are between $99 billion and $179 billion a year. Whether it is $50 billion or $179 billion, it is not an insignificant cost.

Other costs, which Mr. Hiltzik ignores, are harder to estimate. Mr. Hiltzik chooses to skip over the effect of medical liability concerns on individual doctor’s decisions to enter a specialty or to locate a practice. A recent survey of medical residents found that 62 percent decided to avoid high risk specialties or states with adverse liability issues, which negatively affects patients' access to care. More than three quarters of doctors claim fear of medical liability affects their ability to provide quality care. Mr. Hiltzik’s opinion of the politics of medical liability issues may be accurate – but his opinion of the burden wasteful medical practices impose is way off, and so is his claim of bringing “reality” to the debate.