Recently in the news, there have been several reports about the decline in medical malpractice suits in Pennsylvania and, specifically, in Philadelphia.  This is a good thing, according to the reports. 

As an attorney who specializes in patient advocacy, I am concerned that malpractice filings have taken on such a negative connotation in the past few years.  The media has proliferated myths that support this negativity.  For example, many assume that malpractice suits are responsible for driving thousands of doctors out of Pennsylvania.  Or, it is often suggested that suits like these raise malpractice insurance and make it difficult for doctors to practice.  Ultimately, the injured victim is portrayed as a liar who is exaggerating their injuries or trauma in a “get-rich-quick” scheme. 

What the media and lobbyists fail to reveal is that, according to the American Medical Association, the number of physicians in Pennsylvania has remained constant.  Likewise, the public is not informed that Pennsylvania medical malpractice insurers are reducing their rates, paying dividends and are now competing with over 50 new medical malpractice insurers who want to write malpractice insurance in Pennsylvania.  And as for those “get-rich-quick” plaintiffs, total payments from Pennsylvania’s Medical Care And Reduction of Error (MCARE) fund, an intermediate ‘insurance’ pool for physicians and hospitals, have reduced 50% in the last few years.

Are there people who try to take advantage of the system?  Absolutely.  These cases, however, are rare.  Malpractice lawsuits are legitimate attempts to make up for the financial and personal devastation caused by medical error.  These suits are unfortunate for every party involved and, when all is said and done, no one is rich.   

The truth is, these lawsuits are based upon an established standard of care to be followed by the health care professional.  Just last year, Pennsylvania’s Patient Safety Authority received 219,874 reports of serious events and incidents.  These reports come from the physicians and hospitals, not the victims.  Whether these serious events or incidents resulted in death, significant injury or no injury at all, these numbers are staggering when one considers that these are only the self- reported incidents from a few hospitals and physicians.  Enforcing patient safety is critical for the citizens of this Commonwealth.  We are focused on the wrong issues.

Physicians and attorneys once stood together on issues of justice such as the Patient’s Bill of Rights and healthcare insurance reform.  Yet, as the insurance industry has suffered investment losses over the years, they have sought to make up for those losses by reducing payments for services to physicians and hospitals while increasing their medical malpractice premiums.  As the medical establishment has been squeezed by the insurance industry, they understandably have grown frustrated and angry.  Yet, attacking victims of medical negligence and their advocates has not changed their plight.

Perhaps it is time that we return to those fundamental values that make Pennsylvania such a terrific place to live.  In principle, is it wrong to hold physicians and hospital’s accountable for their medical error?  Then why do we malign those that are doing just that? 

Let’s invest our time and effort towards real insurance reform.  Hospitals and physicians deserve to get paid for their services.  They also deserve not be gouged by poorly run malpractice insurance carriers.  Patients deserve safe care.  And patients also deserve redress when that care falls below accepted standards.  Now is the time to turn our attention to the insurance carriers that wield incredible power behind the scenes.  Let’s open up the curtain and see who really is controlling Oz.

Eric Weitz