Pennsylvania Trial Lawyers Cash in on Record High Malpractice Payouts

Main Category: Litigation / Medical Malpractice
Article Date: 10 Apr 2005 - 0:00 PDT

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Pennsylvania trial lawyers have once again broken records in winning enormous medical malpractice awards.

Medical malpractice payouts in Pennsylvania have reached an all time high in 2004. According to a report just released by the U.S. Health Resources and Services Administration, insurers reported paying out $448 million last year-a 13.5 percent increase over the $395 million paid out in 2003.

Since 2000, Pennsylvania medical malpractice insurance companies have paid out over $2.01 billion in medical malpractice lawsuits. The U.S. Health Resources and Services Administration report reveals extraordinarily high recent medical malpractice award payouts between 2000 and 2004 as follows:

2000 - $350.8 million
2001 - $423.7 million
2002 - $398.9 million
2003 - $394.5 million
2004 - $448.0 million

"At the average contingent fee agreement of 40 percent, Pennsylvania trial lawyers pocketed $805 million," said Robert B. Surrick, Esq., Executive Director of the Politically Active Physicians Association (P.A.P.A.).

RAMPANT LAWSUIT ABUSE CITED

Since April 2002, doctors have been required to file reports with their licensing boards when they have been sued for malpractice. Last fall, an investigation by Surrick revealed that trial lawyers had filed 5,600 lawsuits against Pennsylvania physicians between May of 2002 and November, 2004. Of those lawsuits, the Pennsylvania Medical Board had reviewed 3,600 cases, and found only four (4) that showed merit.

"Trial lawyers have sued our doctors at the rate of six per day, seven days a week, for thirty months," said Surrick. "Yet out of thousands of cases filed, only four have been deemed worthy of further investigation. We don't have rampant medical malpractice in Pennsylvania. Rather, we have rampant medical malpractice lawsuit abuse."

DOCTORS LEAVING THE STATE

Pennsylvania Neurosurgical Society records reveal that until 1996, Pennsylvania gained practicing neurosurgeons at an average rate of 4.5 percent each year. That statistic has since been in decline. In 2004, the medical community had expected to have 304 practicing surgeons in Pennsylvania. Instead, it had only 152-a 50 percent shortfall. According to a 2004 survey of medical residents by the American Association of Medical Colleges (AAMC), the percentage of Pennsylvania-trained neurosurgical residents who plan to stay and practice in the state is "zero." [Source: AAMC]

In recent years, 2000 doctors have left the state or curtailed services due to unaffordable insurance premiums. These premiums have skyrocketed as a result of the past decade's massive onslaught of medical malpractice lawsuits.

"Innocent doctors are being sued simply because their names are on the chart," said Surrick. "Examples include doctors who wrote discharge summaries but never saw the patient, and anesthesiologists who were not even in the operating room when the alleged incidents occurred."

Surrick further explained that soon after a doctor is sued, his or her insurance policy is hit with an additional 25-50% surcharge. "Add that to the enormous costs of legal defense, it's no wonder many doctors have decided to leave Pennsylvania," said Surrick.

"Deaths and a serious lack of medical care are certain to result from lawyers chasing doctors out of Pennsylvania," said Surrick. "It will take decades to reverse the damage the trial lawyers, legislators, and courts have inflicted on our people."

P.A.P.A. PUSHES BACK

In response to the lawsuit abuse, Surrick initiated a program to protect doctors who are victims of frivolous lawsuits.

The "P.A.P.A. Pushes Back" program is designed to sue lawyers who file frivolous lawsuits against doctors. Physicians who feel they have been wrongly named in lawsuits can submit their cases to P.A.P.A. for review. If P.A.P.A.'s counsel determines the lawsuit to be frivolous, a countersuit will be filed against the plaintiff's lawyer and all related parties who filed the suit.

"P.A.P.A. Pushes Back is an aggressive program to halt frivolous lawsuits," said Surrick. "Doctors belong in the examination or operating room-not the courtroom. It is time to bring this massive lawsuit abuse to an end."

P.A.P.A. was formed by concerned medical practitioners to ensure quality medical care can continue to be delivered to patients. The Association is committed to educating the public and the legislative bodies as to the escalating problems that threaten the effectiveness of medical care to those needing such care. For more information log on to www.fightingdocs.com or call 215-271-9590.

Politically Active Physicians Association
1332 Ritner Street
Philadelphia, PA 19148
Phone: 215-271-9590
Fax: 215-271-9547

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