Unable to obtain malpractice-suit reform in the face of the strength of the trial lawyer lobby in Harrisburg, organized Pennsylvania doctors agreed to a deal in which $440 million of state taxpayers’ money over two years would be used to subsidize their skyrocketing insurance bills (see Jul. 23). But there turns out to be a great big string attached: to get the subsidy, the doctors have to sign a pledge requiring them to go on practicing in the state of Pennsylvania. Some are calling it “indentured servitude”. (Michael Hinkelman, “Malpractice relief comes with conditions”, Philadelphia Daily News, Jan. 7).
Posts Tagged ‘Pennsylvania’
New batch of reader letters
We’ve posted another batch of letters from readers. Among topics: a Pennsylvania case in which a doctor was ordered to pay for a mistake by nurses in the operating room; an outcry by consumers over the results of a class action (Schwartz v. Citibank) over late fees which is resulting in a $9 million payout in lawyers’ fees and refunds in the range of 18 cents for many credit card holders; a report from a reader that Norton Internet Security is blocking access to our site because we have too much talk about “weapons”, presumably meaning too much discussion of firearms litigation; and a letter on the prospect of lawyers’ going after the personal assets of Connecticut doctors in negligence cases after exhausting their insurance coverage.
Update: ABA Journal settles “fixer” libel case
The American Bar Association Journal will publish a half-page apology, as well as pay an undisclosed sum, to settle attorney Richard A. Sprague’s claim that he was defamed when the magazine described him as “perhaps the most powerful lawyer-cum-fixer” in the state of Pennsylvania. (Dec. 5-6, 2001) Although the word “fixer” is widely employed to describe political wheeler-dealing of a lawful sort, a judge had ruled that it might also convey the impression that Sprague improperly “fixed” court cases. “In its answer to the suit, the ABA attached a list of more than 100 examples of prominent lawyers described as ‘fixers’ in such publications as The New York Times and the Washington Post.” (Shannon P. Duffy, “ABA, Sprague Agree to Settlement”, The Legal Intelligencer, Nov. 21).
Election results
Tort reformers did well in Mississippi elections, with GOP challenger Haley Barbour toppling incumbent Gov. Ronnie Musgrove (D) and Republican Lt. Gov. Amy Tuck handily fending off a challenge from trial-lawyer-legislator Barbara Blackmon (Julie Goodman and Patrice Sawyer, “Republican challenger unseats Musgrove”, Jackson Clarion-Ledger, Nov. 5; Andy Kanengiser, “GOP’s Tuck breezes to victory over Blackmon”,
Nov. 5). The Democrats did hold onto the state’s attorney generalship, however. Meanwhile, doctors campaigning for malpractice reform (see Nov. 4) suffered stinging defeats in Pennsylvania, where Democrat Max Baer beat Republican Joan Melvin for a seat on the state supreme court, and New Jersey, where Democratic followers of Gov. Jim McGreevey solidified their hold on the state legislature, in part by outspending their rivals four to one. (“Democrat Baer defeats Melvin for top Pa. court”, AP/Philadelphia Inquirer, Nov. 5; Tom Turcol, “N.J. Democrats secure control of legislature”, Nov. 5).
Malpractice key issue in NJ, Pa. races
“In New Jersey, where state-level candidates usually campaign over issues such as property taxes and school funding, the No. 1 issue is now medical malpractice — if political fund-raising totals are any indication.” Doctors are throwing themselves into state politics and are so passionate about the issue that they’re actually outspending trial lawyers by a wide margin. (“Malpractice Issue Draws Most Funding in N.J. State Races”, BestWire/HIMSS (Healthcare Information and Management Systems Society), Oct. 28). Pennsylvania physicians are up in arms as well, hoping to make their voices heard in a key state supreme court contest between Republican Joan Orie Melvin and Democrat Max Baer (Carrie Budoff, “This time, physicians are players in election”, Philadelphia Inquirer, Nov. 3; Marian Uhlman, “As doctor workforce ages, a fear of shortage”, Oct. 12). In Massachusetts, nearly 1,000 doctors descended on the statehouse last spring attired in white coats, demanding malpractice reform (David Kibbe, “Liability insurance hikes scaring off some doctors”, Ottaway/New Bedford Standard-Times, Oct. 6). See also “Tort-reform law could cure ills of malpractice” (editorial), Rockingham News, Oct. 31 (New Hampshire)(suggesting that recent Texas reforms serve as model).
Countersue? Just try it, doc
When doctors are named in groundless malpractice lawsuits, they often want to fight back by filing countersuits or moving for sanctions. But, as American Medical News is the latest to learn, our legal system is elaborately structured to deny them any such recourse for the injury done them by the lawsuit. (Tanya Albert, “Fighting frivolous lawsuits: Doctors engage in an uphill battle”, American Medical News, Oct. 27). For a few of the rare instances in which countersuits or sanctions motions have been successful, see Sept. 6-8, 2002; Jun. 14-15, 2000; Sept. 14, 1999. More (rare successful countersuit by W.V. surgeon Saad Mossallati): Tanya Albert, “West Virginia physician caught in legal net hooks lawyer, lands settlement”, American Medical News (AMA), Dec. 2, 2002; Dorothy L. Pennachio, “The target of a ‘shotgun’ suit fires back”, Medical Economics, Apr. 11, 2003. More: see Point of Law, Jan. 10, 2005 (Pennsylvania Medical Society has begun assisting doctors in countersuits).
Increase in number of “retarded” on Death Row
The Philadelphia Inquirer reports on an unintended, but predictable, consequence of the Supreme Court’s 2002 decision forbidding executions of the mentally retarded: hundreds of prisoners sentenced to death claiming for the first time that they are retarded. Pennsylvania has two bills pending to address the tens of such claims in their state, but any laws passed on the subject are surely only the source of additional litigation. (L. Stuart Ditzen, “Suddenly, prisons full of ‘retarded'”, Sep. 28; Atkins v. Virginia decision).
But there was no rule against it
“Let’s say a 13-year-old girl admits she performed oral sex on a 13-year-old boy, while returning from a field trip on the school bus. In front of classmates who she was trying to impress. What do you do, Mom? Naturally, you go to court to claim suspension is unjust for the lovebirds because the school is ‘not clear in its written policies that oral sex on a bus was unacceptable behavior.’ Where does it say: ‘No oral sex on the bus,” huh?” (Joanne Jacobs, Sept. 16) A Pennsylvania judge dismissed the mother’s lawsuit (Bob Bauder, “Pupil’s expulsion appeal denied”, Beaver County (Pa.) Times, Sept. 3). Kimberly Swygert comments: “Um, mom? Fighting your child’s expulsion on these grounds is not what you should be concentrating on right now.” (Sept. 16)
“Venue wish upon a star”
Okay, we picked it in part just as an excuse to quote that headline, but the story actually does show how litigation reform can work as intended: the Philadelphia Inquirer editorially hails a precipitous drop in filings of malpractice cases in that city since the state legislature enacted a bill (meant to curb forum-shopping by plaintiff’s lawyers) which requires that suits against doctors be filed where the care was delivered. It is not yet clear to what extent the drop in Philadelphia filings will be counterbalanced by an expected rise in filings in suburban and rural counties; some cases, which had been premised on the generosity or unpredictability of juries in the center city, may wind up not being filed at all. (editorial, Sept. 4; Josh Goldstein, “Medical lawsuits plummet in Phila.”, Aug. 31). The Pennsylvania Medical Society comments (other liability resources at its site).
In other Pennsylvania-related malpractice news, a website of doctors in neighboring New Jersey is posting the text of the “Liability Update” newsletter put out by PaMedSoc Legislative Issues Chair Donna Baver Rovito (sample), packed with news clips of interest to anyone interested in the medical liability crisis whether resident in Pennsylvania/New Jersey or not (mirror AOL site with comments) (also available at Politically Active Physicians’ Association (www.fightingdocs.com), click through “News and Information” on left column). [Corrected Sept. 13 to repair/improve nonworking links]
GAO: legal costs drive med-mal rates
Congress’s General Accounting Office confirms what the Department of Health and Human Services and Joint Economic Committee (PDF) have found before it: “Increases in medical malpractice insurance rates in some states, including Pennsylvania, were due largely to high payoffs on legal claims, according to a congressional survey released yesterday. …’Losses on medical malpractice claims appear to be the primary driver of increased premium rates in the long term,’ the report states. ‘Such losses are by far the largest component of insurer costs.'” (Lara Jakes Jordan, “Malpractice insurance rise tied to legal claims”, AP/Pittsburgh Post-Gazette, Jul. 29). Study: “Medical Malpractice Insurance: Multiple Factors Have Contributed to Increased Premium Rates”, Jun. (PDF format).
P.S. In August 2003 the GAO released a further look at medical malpractice problems, “Medical Malpractice: Implications of Rising Premiums on Access To Health Care“. Congress’s Joint Economic Committee later (Dec.) published a policy brief offering perspective on the GAO findings.