Some
state lawmakers are rushing to approve a referendum on limiting the
rights of Pennsylvanians to sue over medical malpractice allegations,
without bothering to assess how remedial measures already passed are
working, and without even specifically defining the problem.
Advocates
of caps on noneconomic damages have contended for years that high
medical malpractice insurance rates are driving doctors out of
Pennsylvania and limiting access to health care. Those advocates have
been unable to quantify any such trend, however, while cap opponents
claim that there are actually more doctors now in Pennsylvania than when
the issue arose. And the American Medical Association contends that
similar problems exist in 44 states, raising the question of where the
doctors are going if they are leaving Pennsylvania.
The
Legislature and the state Supreme Court have undertaken some reforms
sought by the cap proponents, including putting state taxpayers on the
hook for more than $700 million in doctors' premium payments to the
state's catastrophic loss fund, known as MCare.
Due to some of the reforms enacted to date, the number of malpractice
filings has declined statewide over the last two years, particularly in
the most expensive jurisdictions for jury awards.
The Legislature should not attempt to limit citizens' state
constitutional rights based on anecdotes, particularly when lawmakers
have not yet included the insurance industry in the reform regimen.
Lawmakers should heed the call by state Rep. Mike Veon and others for an
independent commission, named by the governor and Legislature, to
specifically determine how many doctors are in Pennsylvania, and to
identify the impact of existing reforms on the problem.
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