Kaiser Daily Health Policy Report Highlights Recent Developments Related To Medical Malpractice In Three States

Main Category: Litigation / Medical Malpractice
Also Included In: Primary Care / General Practice
Article Date: 05 Nov 2007 - 10:00 PDT

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Summaries of recent developments related to medical malpractice in three states appear below.

• Massachusetts: The Massachusetts Medical Society has asked state lawmakers to pass a bill sponsored by state Sen. Robert O'Leary (D) under which plaintiffs could not use statements of guilt or admissions of error by physicians as evidence in malpractice lawsuits, the Boston Globe reports. In addition to that bill, state Sen. Richard Moore (D) has introduced legislation that would create a "Health Apology Pilot Program." Under the program, plaintiffs could not use statements of guilt by physicians and hospitals as evidence in malpractice lawsuits, provided that they make admissions of error and apologize, as well as agree to negotiate "fair settlements." The state Senate last month held a hearing on the Moore bill but has not scheduled a hearing on the O'Leary bill. Alan Woodward, an emergency physician and a past president of the medical society, said, "There's a culture of secrecy," adding, "The defense attorneys tell you can't even talk to your spouse. That anything you say to anyone in any environment will be used against you. We're trying to reverse that culture." However, Paul Leavis -- president of the Massachusetts Academy of Trial Attorneys, which opposes the bills -- said, "If they're responsible for causing harm, they should be held responsible." Officials for ProMutual Group and CRICO/RMF, the largest malpractice insurers in the state, said that they are not aware of any cases in which a plaintiff used a statement of guilt or admission of error by a physician as evidence in a malpractice lawsuit (Kowalczyk, Boston Globe, 10/31).
  
  
• Pennsylvania: The amount of claims paid by the state Medical Care Availability and Reduction of Error, or MCARE, fund will decrease for a fourth consecutive year to $191 million, about a 50% decrease from 2003, Gov. Ed Rendell (D) said last week, the Pittsburgh Tribune-Review reports. The fund helps cover the cost of malpractice claims that exceed $500,000 in primary coverage, which all physicians in the state must obtain. Rendell said, "Pennsylvania is a success story when it comes to medical malpractice," adding, "Thanks to thoughtful legislative reforms passed in 2002, along with aggressive judicial and administrative reforms implemented since then, the number of malpractice cases being filed and the cost of malpractice insurance continue to drop." However, according to Bruce MacLeod, chair of the emergency department at Mercy Hospital in Pittsburgh and chair of the board of trustees of the Allegheny County Medical Society, "If you compare us to other states, we are not as good. If the car was sitting on the edge of the abyss before, it clearly is still not running very well" (Pittsburgh Tribune-Review, 10/26).
  
  
• Washington state: A state malpractice law enacted last year prevents public disclosure of reports of medical errors by individual hospitals, according to a legal opinion sent last week by the state Office of the Attorney General to the state Department of Health, the Seattle Times reports. The department has collected and made public reports of certain "adverse events or incidents" by individual hospitals since 2000. However, the Washington State Hospital Association recently asked the department to end public disclosure of the reports on the grounds that the law prohibited the practice. The department agreed to the request, provided that the office concurred in a legal opinion of the association (Ostrom, Seattle Times, 10/30).

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