04/16/2005
Pa. may be on right track in solving med-mal woes

A 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.

 

ŠThe Citizens Voice 2005