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Signs
of 'crisis' fading
By Josh
Goldstein
Inquirer Staff Writer
The billboard that asked the
last doctor leaving Pennsylvania to turn off the lights is gone.
No hospital trauma center here threatened to close its doors on
New Year's Eve because its emergency-room doctors couldn't get
liability insurance. And the heated arguments among doctors,
hospital administrators and malpractice lawyers have cooled.
Five years after the latest
medical-malpractice-insurance "crisis" began to roil
Pennsylvania, New Jersey, and other parts of the nation, a
balance has returned to the system here.
While rates are still high, the
largest malpractice insurers in Pennsylvania did not increase
premiums this year.
The Mcare Fund, a state
government program that pays malpractice awards and settlements
between $500,000 and $1 million, saw its spending drop to $232.6
million in 2005 from $320.3 million a year ago and $378.7
million in 2003.
And the number of malpractice
suits filed in the state declined by more than one-third between
2000 and 2004. The number of suits brought in Philadelphia -
viewed as the epicenter of the malpractice "crisis" -
was reduced by nearly half during that period.
"In Pennsylvania, the
malpractice crisis is over," said William M. Sage, the
Columbia University professor who headed the Project on Medical
Liability in Pennsylvania. The project, paid for by the Pew
Charitable Trusts, studied malpractice over the last three
years.
While he would not go quite
that far, Gov. Rendell said: "It is clear from every bit of
evidence that the crisis has abated significantly."
Doctors and hospital
executives, however, continue to worry that high malpractice
costs will limit patient access to health care, including
emergency care.
The sharp increases in
medical-malpractice premiums that began in 2000 led many local
doctors - particularly high-risk specialists such as
obstetricians, orthopedic surgeons and neurosurgeons - to say
they would restrict their practices or leave the state.
While some doctors did leave
Pennsylvania or, for example, stopped delivering babies, there
is no evidence that patients in this region were unable to get
necessary care.
Hospitals and other health-care
providers said they also were hurt.
"The crisis is not
over," said Andrew Wigglesworth, president of the Delaware
Valley Healthcare Council, which represents area hospitals.
"The only thing that has happened is some moderation in the
rate of increase of our premiums, but we still have issues in
terms of recruitment and retention of physicians. We are still
spending tremendous resources on this issue, which means we
cannot hire needed caregivers or spend money on new medical
equipment."
"There has been
improvement, but there continues to be a need for an ongoing
effort to prevent a recurrence of the crises that have occurred
periodically over the last four decades," said Chip Hummer,
a Delaware County orthopedic surgeon.
Similar spikes in malpractice
costs occurred in the mid-1970s, mid-1980s and mid-1990s. That
has led some experts to view the most recent problem as part of
a broader insurance cycle.
In 2002, the Pennsylvania
General Assembly passed legislation to address the increases in
malpractice costs.
Hummer, 42, heads a nonprofit
coalition of high-risk specialists pushing for changes in the
legal system to preserve patient access to care. He said
Pennsylvania Physicians for the Protection of Specialty Care
wanted additional measures "to prevent another crisis"
and to ensure that specialists in the state were not driven out
of practice by high malpractice costs.
Some health-care advocates and
trial lawyers warn that some of the changes already made bear an
unseen cost.
"There are malpractice
victims with legitimate claims which are no longer practical to
litigate because of costs and barriers to bringing suit,"
said Gerald A. McHugh Jr., a trial lawyer with Raynes McCarty.
"Now that we have made changes in the legal system
prospectively, we need to focus on improving patient safety,
because better care will mean fewer claims."
Sage, the Columbia professor,
who is both a doctor and a lawyer, said now that the
"crisis" had ebbed, policymakers, doctors, trial
lawyers and others must work together to craft policies to
prevent another.
"Pennsylvania is a good
laboratory for reform," he said. While the state has been
ground zero for the latest round of malpractice wars between
doctors and trial lawyers, it has also implemented changes in
the last several years that put it at the forefront of national
efforts to improve patient safety.
Act 13, the law enacted in 2002
by the General Assembly, established the Patient Safety
Authority. Now hospitals must report serious medical mishaps
that injure patients as well as "near misses," acts
that might have done harm.
The Pennsylvania Supreme Court
established a rule that medical-malpractice cases should be
brought in the county where care was rendered, significantly
decreasing the number filed in Philadelphia, which is viewed as
a more patient-friendly venue to try cases.
And Rendell and the legislature
have used tobacco-tax revenue and excess money in the state's
automobile catastrophic-loss fund to subsidize by more than $220
million a year over the last three years the surcharges doctors
and other providers pay to the Mcare Fund.
The Mcare Fund abatement pays
all of the surcharge for high-risk specialists and half of the
amount for other doctors in the state. Last month, the General
Assembly reauthorized the abatement for 2006.
Ultimately, legislators hope
private insurers will be able to replace the Mcare Fund, but
last year Insurance Commissioner M. Diane Koken ruled that there
was not yet enough capacity in the malpractice-insurance
industry to retire the government fund. Rendell has said that
Koken and the Insurance Department will have key roles in
preventing a recurrence of the problem.
Many have argued that a major
factor contributing to the crisis was poor business practices by
malpractice insurers that caused some to withdraw from
Pennsylvania and others to fail.
"In the insurance market,
many problems were caused by the unrealistically low premiums
carriers set in order to increase their market share,"
McHugh said. "The Rendell administration's determination
not to let that happen again is an important reform."
Rendell said the legislative,
regulatory and legal changes implemented before and after he was
elected had stabilized the situation and would cause continued
improvement over time.
Going forward, Rendell said he
wanted to focus on mediation to resolve disputes over care
before lawsuits were filed. And he said he wanted to use taxes
on cigarettes and other tobacco products to eliminate the Mcare
Fund's estimated $2 billion unfunded liability.
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