'That is, by far, the most cruel
comment I have heard -- even in this heated tort-reform debate.
Certainly, no doctor ever has shown this level of
insensitivity.'
Chris Messerly
attorney for Linda McDougal, who lost both her breasts last year
after being misdiagnosed with breast cancer, about Dr. Harry T.
Metropol's comments on McDougal's situation
A prominent Columbia doctor's public remarks about a surgical
mistake that cost a Wisconsin woman her breasts has generated
controversy.
"She did not lose her life, and with the plastic surgery she'll
have breast reconstruction better than she had before," said Dr.
Harry T. Metropol, speaking before a legislative panel on tort
reform last week.
"It won't be National Geographic, hanging to her knees. It'll be
nice, firm breasts."
Metropol, a former chief of surgery at Palmetto Health Baptist
hospital, was testifying in favor of caps on malpractice suit
verdicts before a House Judiciary subcommittee.
His comments came after cap opponents raised the case of Linda
McDougal, who lost both her breasts last year after being
misdiagnosed with breast cancer. Since then, although she hasn't yet
filed a lawsuit herself, she has become a vocal national critic of
tort reform, rules that would limit where people can sue and how
much they can collect.
"A lot of people were shocked by what [Metropol] said," said
state Rep. Scott Talley, R-Spartanburg, a subcommittee member. The
unnecessary surgery "was a horrible incident, and making light of it
was not appropriate."
"I thought his comments were callous," said Judiciary Committee
Chairman Jim Harrison, R-Richland, another member of the
subcommittee discussing legislation that would cap damages awarded
in lawsuits.
Metropol said he has practiced medicine in Columbia for 36 years,
16 of which he served as chief of surgery at Palmetto Baptist. He
remains on the hospital payroll as a consultant and works in
downtown Columbia with his son, who is also a doctor.
When contacted Thursday by phone, Metropol, a graduate of Duke
University's medical school, repeated his comments and denied they
were insensitive.
"This isn't a beauty contest, it's about the survival of South
Carolina," he said of doctors' rising malpractice insurance rates
and the need for a cap on jury awards.
"Haven't you heard of National Geographic breasts before?" he
asked. "Half of my practice was about breasts, and there's no
denying surgery can make them better."
"Why is that insensitive? [McDougal] wasn't in the room,"
Metropol said.
McDougal, who lives in Wisconsin, is recovering from her first
reconstructive surgery, said her lawyer, Chris Messerly.
Speaking Monday from his law firm's Minneapolis office, Messerly
called Metropol's remarks "incredibly insensitive."
"Linda has 31 inches of scars on her chest, and they removed her
nipples," he said. "There is no way surgery will restore her."
"That is, by far, the most cruel comment I have heard - even in
this heated tort-reform debate," Messerly said. "Certainly, no
doctor ever has shown this level of insensitivity."
Palmetto Baptist declined to comment.
Dana Yow, a spokeswoman for the S.C. Medical Association, said
Metropol was not representing the association in his testimony.
The association, she said, had no comment.
Metropol's son, Stephen, could not be reached.
South Carolina is one of nearly two dozen states that has
lawmakers who are considering bills to change civil litigation
laws.
Congress has its own version of a bill backed by President
Bush.
Arthur Caplan, chairman of the department of medical ethics at
the University of Pennsylvania, said Metropol's comments were
"insensitive, ill-advised and bordering on idiotic."
"Malpractice certainly needs reform," Caplan said. "But these
kind of flip comments provide the ammunition for reform opponents.
It's just what they're looking for."