COLUMBIA--Lawmakers and people fighting a cap
on malpractice suit verdicts are angry about comments made by a Columbia
doctor about a Wisconsin woman who lost her breasts because of a medical
mistake.
"She did not lose her life, and with the plastic surgery, she'll have
breast reconstruction better than she had before. It won't be National
Geographic, hanging to her knees. It'll be nice, firm breasts," Dr. Harry
J. Metropol told a House Judiciary subcommittee last week.
His comments came after cap opponents raised the case of Linda
McDougal, who lost 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 rules that would limit
where people can sue and how much they can collect.
"A lot of people were shocked by what (Metropol) said," state Rep.
Scott Talley, R-Moore, said. The unnecessary surgery "was a horrible
incident, and making light of it was not appropriate."
Metropol repeated his comments to The (Columbia) State newspaper 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.
Metropol said he has prac-ticed medicine in Columbia for 38 years,
including time as chief of surgery at Palmetto Bap-tist. However, hospital
system spokeswoman Tammie Epps said Tuesday that Metropol is not on the
organization's payroll as a consultant nor in any other capacity.
Metropol also wondered why his comments were insensitive since McDougal
wasn't in the room, the newspaper reported.
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 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."
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.