Medical Malpractice Cases Decline - No Need For "Tort Reform"

Mike Ferrara
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Posted by Mike FerraraApril 15, 2008 1:04 AM
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Those who favor restricting the rights of those harmed by careless doctors have one less weapon to use in their PR campaign.   The latest figures just released by the Pennsylvania Supreme Court show that the number of medical malpractice cases have been declining over the past three years.     Those who feel doctors should be held personal responsible for the harms they cause are vindicated by these findings.    Most of the PR from the doctors has not withstood the scrutiny of careful analysis.   The solution is to weed from the profession those doctors who cause the most harm, not restrict the rights of those who have been harmed. 

The number of medical malpractice lawsuits filed in Pennsylvania declined for a third consecutive year in 2007.  The number of suits, 1,617, represented a 4.5 percent decline from 2006 and a 40.8 percent drop from an annual average of roughly 2,700 malpractice lawsuits filed from 2000 to 2002.

Chief Justice Ronald D. Castille attributed the decline to key changes made several years ago - a court requirement in 2003 that an independent physician or expert certify the viability of a medical malpractice lawsuit and other changes.     Since attorneys only recover a fee if they are successful, and since they need affidavits of merit before filing suit,  critics are hard pressed to identify any so-called frivolous medical malpractice suits.    Frivolous suits just aren't brought because they make no economic sense whosoever. 

7 Comments

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Dan
Posted by Dan
April 15, 2008 10:24 AM

You're lawyers. Of course you don't see the need for tort reform. I applaud the review process put in place in Pennsylvania, but if attournies are truely scared of tort reform you need to do more self policing.

Like stopping the attourny who sued for million for lost pants and stopping the attourny suing because the Casinos should have stopper her gambling. Until these lawsuits stop I'm pressing my elected officials for tort reform at every opportunity.

Amber
Posted by Amber
April 15, 2008 3:46 PM

Dan-
Yes, you just cited two silly lawsuits, but how about the thousands of people whose lives are ruined because a doctor couldn't take 5 minutes to check the chart before surgery and operates on the wrong patient or a doctor makes a mistake and a working father is now left disabled and can't provide for his family? I pray to God you never find yourself in that situation-- I bet you'd be singing a very different song about tort reform.

Mike Ferrara
Posted by Mike Ferrara
April 16, 2008 11:07 AM

Dan: The trial lawyers took a very active position against the judge who filed the pants lawsuit. He was removed from the bench and disciplined because of it. The casino lady, of course, has a frivolous case that will be quickly dismissed. Because we get paid only if we win, there is no incentive to file frivolous suits. Don't you really want those who cause harm to be
personally responsible for the harms they cause? As Amber said: I wish you are your loved ones never need a trial lawyer. Tort "reformers" usually get religion when something happens to them or their families. Cordially, Mike

Jacob
Posted by Jacob
April 16, 2008 7:18 PM

Tort reform will work for a number of reasons, not the least of which is moral. The example cited above by Amber is a perfect example. The access to the courts is not to punish the offender. The doctor didn't intentionally harm the patient. But the access to the courts is simply to make financial restitution to the patient. Putting a cap on the non-economic damages neither restricts my access to the courts if i am a victim of med mal (god forbid), nor does it restrict the rights of patients. It does, however, helps to get rid of the "lottery" mentality of lawsuits.

In addition, it is abundantly clear that better medical care is available with tort reform. Why? Currently doctors are being priced out of medical care due to skyrocketing premiums (look at NY state for prime examples). When tort reform is enacted, doctors enter the marketplace in droves, increasing the choices of patients. (look at texas).

Trial lawyers are only part of the problem.

Jacob
Posted by Jacob
April 16, 2008 7:19 PM

It's also interesting to note that trial lawyers have been historically against the peer review process that PA enacted. Now that peer review works, why not support it in other states?

Kish
Posted by Kish
April 19, 2008 10:14 PM

Now, think of this:
- mistakes will happen, as the accidents or disasters; statistically more or less it is unavoidable
- doctors don't make mistakes because they are stupid
- frivolous suits exist because lawers are gridy to rip the mony off
- they should begin charging for the work they do for the patients (hourly) not claiming the share and pushing for higher reward
- we as citizens should understand that we all paying for these lawers lifestyles and must act!

James
Posted by James
May 06, 2008 6:27 AM

I once received a call from a patient's son-in-law who filed a lawsuit just because the statue-of-limitation was going to expire soon. He asked me if the medical records from the other hospital had shown any negligence, and there was none. We need to stop law-suits like this one.

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