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Medical
Malpractice
Editorial
| In Pa., vital signs are stable
For some ailments, doctors
can't provide a cure - only a way to manage the pain. Case in
point: the crisis of rising medical malpractice costs in
Pennsylvania.
The need for malpractice
coverage can't be erased, but sound legal and policy moves have
made the state's health-care climate far less troubled.
Among the improving vital
signs, as noted in an article last week by Inquirer staff writer
Josh Goldstein:
Malpractice lawsuits have
declined by more than a third, with a steeper drop in suits
filed in Philadelphia's reputedly plaintiff-friendly courts.
For the first time in several
years, major insurers ruled out malpractice rate increases this
year.
In addition to moderating
rates, physicians have been helped for three years by an annual
$220 million subsidy covering surcharges owed the state's Mcare
Fund, which handles large malpractice payouts. Meanwhile, Mcare
awards for malpractice are down substantially.
Anecdotes about doctors fleeing
the state may persist, but patients in this region - once the
supposed hotbed of malpractice abuse - are usually able to find
the physicians they need.
Those are impressive strides,
since Pennsylvania was ground-zero in President Bush's
first-term effort to enact legal reforms that would cap medical
damage awards.
It turns out that, given time,
the more moderate steps taken by Harrisburg lawmakers and the
state courts to limit suits and ease the cost crunch produced
genuine results.
Don't look for medical caps to
vanish from the Republican agenda, but they would be no more
helpful in cutting insurance costs now than before. And such
draconian limits on patients' rights are even less justified,
given the progress in easing the malpractice crisis.
There's still much work to be
done. Insurance reforms that would include sharing the premium
burden more evenly across medical specialties - or providing
other aid to physicians in hard-hit specialties - could prevent
the spikes in cost that raise docs' temperatures.
In terms of resolving disputes,
it would be far better - as Gov. Rendell urges - to take
malpractice claims first to mediation rather than trial. Some
hospitals have begun experiments in such procedures.
Physicians and hospital
officials may not be ready to concede that the malpractice
crisis they hyped so frantically has waned. But many of them
deserve credit for stepped-up efforts to reduce medical errors -
until recently, a little-acknowledged means of heading off
malpractice claims by safeguarding patients.
Through the Delaware Valley
Healthcare Council's efforts on behalf of local hospitals, this
region is becoming a leader in patient safety by targeting
medication errors and infections. State officials, meanwhile,
are promoting patient safety with greater scrutiny of medical
errors.
The emphasis on improved
patient care should prove helpful in avoiding the next
malpractice insurance crisis.
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