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hot topic during last year's contentious presidential campaign,
medical malpractice reform seemed to fade into the background
over the past few months.
But once the state budget is passed,
Pennsylvania lawmakers expect the argument to heat up again.
Some GOP legislators are already preparing to renew their push
to change the state constitution to impose monetary caps on pain
and suffering awards in malpractice cases.
But figures released this week by the
Pennsylvania Supreme Court may be an encouraging sign that state
reforms that took effect in 2003 are producing positive results.
Data compiled by the state's 67 county courts
of common pleas indicates that the number of medical malpractice
lawsuits filed in Pennsylvania since the law took effect has
declined 34 percent.
Oddly, Luzerne County reported 79 filings in
2004 compared with 38 in 2003. But Prothonotary Jill Moran
admits the data is skewed because a new computer system lumped
together every 2004 case involving a doctor or medical facility,
whether or not they had anything to do with malpractice. The
error should be corrected in next year's figures.
Statewide, the number of lawsuits increased
slightly from 2003 to 2004, but the trend over the past few
years has been steadily downward, and that's a clear indication
that reforms designed to reduce the number of frivolous lawsuits
are having an impact.
One of those reforms was to ban "venue
shopping," in which cases were transferred to the
Philadelphia area, where juries are considered more sympathetic.
Lawsuits in Philadelphia were down 54 percent last year. A
second reform requires lawyers to obtain certificates of merit
from medical experts before malpractice cases can proceed.
While this week's news provides reason for
cautious optimism, a long-term analysis of data is needed, as is
a thorough examination of the state's loosely regulated
insurance industry. After caps were imposed on non-economic
damages in Texas and Florida, two recent studies showed no
correlation between malpractice claims and insurance premium
increases.
Until recently, Pennsylvania did not keep
detailed records of malpractice cases. So for too long, the
arguments centered around exaggeration and conjecture by groups
representing opposing sides of the issue.
The debate over medical malpractice is
obviously not going away. But the good news is that those
charged with studying the issue will be armed with solid data
when they make recommendations on how to lower the instances of
malpractice, prevent frivolous lawsuits and keep doctors'
insurance rates down.
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