Lungren Lauds O.C. Group’s War on Abuse of Courts

California Atty. Gen. Dan Lungren urged an Orange County group Wednesday to continue its “marathon” fight against what members see as abuse in the court system, and cited a controversial malpractice law as a model for tort reform.

Speaking to about 100 supporters of Orange County Citizens Against Lawsuit Abuse, a nonprofit group of mostly area merchants, Lungren hailed the California Medical Injury Compensation Reform Act.

“We had doctors leaving the state of California,” said Lungren, referring to a period preceding the law, when malpractice insurance premiums skyrocketed. “Yes, we still have medical malpractice . . . but we’re not punishing doctors with exorbitant premiums.”

The law, which sharply limits attorneys’ fees in malpractice cases and puts a $250,000 cap on general damages, is being attacked by critics who say it protects doctors and hospitals at the victims’ expense. The California law has been pushed into the national spotlight as the American Medical Assn. lobbies for a similar version nationwide.

“We’re not trying to deny access to the courts, but getting rid of the abuse,” Lungren said after accepting the Orange County group’s Earl Warren Award, named after the former California governor and Supreme Court judge. “Many people do not understand the full cost to all of us when our justice system is abused.”

Lungren, who represented part of Orange County in the House of Representatives before serving as the state’s top crime fighter, began his luncheon speech by telling anecdotes about the law and quoting leaders such as Abraham Lincoln. Then he spoke about “the need to restore reverence to the law,” which he said could be accomplished partly by encouraging more people to mediate or arbitrate.

For example, in a case involving the exact definition of a 14-inch computer monitor, Lungren said a settlement saved consumers and the manufacturer what might have added up to millions of dollars. The argument was over whether the dimensions referred only to the monitor’s screen or to its entire front surface.

In an interview, Lungren said he will announce his plans to seek recovery of state costs in treating tobacco-related illnesses today in Los Angeles. The announcement is due on the same day that Gov. Pete Wilson is scheduled to sign Assembly Bill 1603, which clears the way for Lungren to join other states in seeking compensation.

Lungren said he’s trying for a global settlement, which basically settles the issue in a one-time shot for all states involved and sets rules for the future.

“That probably is the best fix to the problem,” Lungren said.

The fledgling group that sponsored Wednesday’s luncheon started about two years ago to educate the public about what members say are wrongheaded lawsuits that cost consumers and businesses unfair sums.

Sam Roth, assistant director of the Orange County Medical Assn., who serves as chairman for the group, said Lungren was chosen for the Earl Warren Award because of his “support of civil justice reform” and stress on personal responsibility.

“He shares our vision,” Roth said.