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Monetary Cap on Malpractice

October 19, 1987

In his column (Op-Ed Page, Oct. 4) about the "unfairness" of a $250,000 limit on non-economic damages in medical cases, Russell Kussman gave only the facts to bolster his side, which by any standard of fairness makes him guilty of gross deception.

For instance, he says that Harry Jordan's $5 million verdict in the "wrong kidney" case was reduced to $250,000. Kussman left out an important fact which he is well aware of: Jordan received $1.2 million.

(Doctor-attorney) Kussman also didn't mention that his contingency fees would be increased if the limit were raised. One has to suspect his motives.

Kussman also seems to be out of touch with his colleagues in the California Trial Lawyers Assn. who helped arrange the recent agreement with legislators and others on tort reforms, which leaves the $250,000 limit intact. For economic damages, of course, there is no limit.

ALLAN K. BRINEY, M.D.

Orange

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