Malpractice lawsuits took big fall in 2003

Malpractice lawsuits took big fall in 2003

By Chris Birk TRIBUNE STAFF WRITER

03/19/2004

The number of medical malpractice lawsuits statewide dropped nearly 30 percent last year compared to the previous three-year average, including a 59.1 percent decrease in Lackawanna County, according to preliminary data released by the state Supreme Court.

The count, administered by courthouse staffs across the state, sought to determine whether legislative measures that tightened filing restrictions could help control rising insurance premiums.

Of the cases filed in the last 3 years, only about 10 percent reached a jury verdict, where the finding went to the defendant -- typically a hospital or doctor -- about 75 percent of the time.

In Lackawanna County, the number of malpractice lawsuits filed decreased from 99 in 2000 to 35 in 2003, according to the study. It was one of four local counties, including Monroe, Pike and Wyoming, to exhibit a drop.

Throughout Pennsylvania, lawsuits decreased by 28.6 percent in 2003, down from 2,686 in 2000, 2,714 in 2001 and 2,957 in 2002.

Some local attorneys and hospital officials attributed the drop to several legislative measures enacted since March 2002, specifically:

Act 13, or the Mcare Act, which provided $400 million to relieve insurance premiums for doctors.

Act 57, or the Fair Share Act, which reformed the state's "joint and several" liability process.

Act 127, which put an end to so-called "venue shopping" and requires malpractice cases to be filed in the county where the alleged incident occurred.

And in January 2003, the state Supreme Court enacted a rule requiring attorneys in malpractice cases to obtain a "certificate of merit" from a medical professional establishing the treatment was outside acceptable standards.

The latest numbers simply indicate a decrease that most were expecting, said J.P. Kurish, spokesman for Sen. Robert Mellow, D-Peckville.

"We were confident all along the measures that we passed last year would need a little time to work," Mr. Kurish said. "Instead of blaming the victims for medical malpractice rates, it was prudent to wait to see the effect of these legislative attempts -- the good news is that they're working."

The preliminary numbers were issued Monday to Supreme Court Chief Justice Ralph J. Cappy.

"Chief Justice Cappy is to be commended for cutting through the rhetoric and getting to the facts," said Scranton attorney David Fallk. "With over 25 years of trial experience, I've learned that public policy should be made by facts, not just by misleading anecdotes."

During the span, only about 10 percent of all malpractice cases made it to the jury room. And of those 1,443 lawsuits, 834 defendants walked away victorious. The study does not include how much money was paid out to alleged malpractice victims or discuss cases that didn't reach a verdict.

In Lackawanna County, defendants obtained favorable verdicts in 24 of the 27 suits from January 2000 to July 2003.

"I think you're seeing trial lawyers taking a very hard, long look at these cases before they decide to take them," said Paul R. Lyon of The Committee for Justice for All, which represents and is funded by local lawyers. "If they're not 100 percent slam-dunk cases, they're not filing. Just because a case isn't a slam-dunk doesn't mean that somebody wasn't injured."

While the numbers may suggest victory for hospitals and physicians, state Rep. Sam Smith, R-Jefferson County, and other Republican leaders told The Associated Press they would continue to pursue instituting a cap on pain-and-suffering damages for malpractice cases.

The state Senate last week passed a cap measure, which will now head to the House for consideration. The push for a constitutional amendment is the state's first step in limiting damages in malpractice lawsuits.

It's a push attorneys and victims' advocates continue to fight.

"We've been saying these reforms that were put into place in 2002 need to have time to work, and that they are, in fact, working," Mr. Lyon said. "Our position is, let the system work. We don't need to take away people's right to a jury."

While any potential malpractice cap would remain years away, the Supreme Court study may bode well for doctors and hospitals looking for a competitive insurance marketplace, said David Hoff, executive director of the Wayne Memorial Health System.

He said little will change without it.

"This doesn't mean anything unless it has an impact on bringing more insurance carriers to the Commonwealth and creating competition for malpractice insurance," Mr. Hoff said. "Until things have changed substantially, and insurance companies see this as a good market to be in, there will be no price drops whatsoever.

"Until then, they're really having no impact at all on hospitals and doctors."

THE ASSOCIATED PRESS contributed to this report.