Gregoire herds cats to malpractice law

Gov. Christine Gregoire's strong suit is getting feuding interests in a heated political fight together until they reach agreement. The latest example is her notable leadership on medical-malpractice law.

Gregoire's get-everyone-in-the-room style produced legislation that will dramatically tone down, though not solve, a bitter fight between doctors and lawyers. Credit is due for believing these scratching cats might agree on anything. Many voters in the 2004 governor's race knew one fact about then-Attorney General Gregoire: She was a lead negotiator in the multibillion-dollar lawsuit against the tobacco industry.

She used the same skills to broker a seemingly impossible deal between doctors and lawyers. Last year, both sides wasted millions of dollars in a bruising, unsuccessful campaign for two ill-considered statewide initiatives that had no business being on the ballot.

In recent weeks, Gregoire met individually with interest groups, then led five negotiating sessions. They did not settle all their differences, nor perhaps one of the biggest sticking points, but they established a more respectable format for arguing.

Abusing the initiative process, as both sides did, was lousy public policy. The agreement, which still leaves much room for better patient safety, accomplishes several things:

• Doctors can apologize for a medical mistake without it being used against them in court.

• Mediation would be mandatory before a lawsuit could proceed. If a lawsuit is proceeding, both sides could agree to binding arbitration to avoid expensive litigation.

• Juries could hear if an injured patient had received payment for the claim from an insurance company or other source.

• The state can collect detailed statistics on malpractice claims.

Left unresolved was doctors' demand for limits on jury awards in malpractice cases, a biggie that will wait for another day.

For the governor, who remains unpopular after the hard-fought governor's race, this is a genuine leadership moment.

Gregoire used similar instincts years ago as state ecology director. Instead of suing, she convened a meeting with then Gov. Booth Gardner and the Hanford nuclear reservation manager. They reached a landmark cleanup agreement.

There is more to do on malpractice, patient safety and doctor transparency, but this a strong beginning. Gregoire's hard-nosed negotiating skills prove once again to be one of her most successful leadership traits.