"She did not lose her life, and with the plastic surgery, she'll have breast reconstruction better than she had before," said Dr. Harry J. 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 38 years, 16 of which he served as chief of surgery at Palmetto Baptist. He works in a Taylor Street office in downtown Columbia.

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 from his law firm's Minneapolis office on Monday, 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.

Harry Metropol's son, Stephen, could not be reached.

South Carolina is one of nearly two dozen states whose lawmakers 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."