In Pennsylvania, our legislature is considering a bill that would permit trial lawyers to use a tactic that could increase awards to plaintiffs. On the federal level, a proposed tax policy change would allow a special tax deduction for trial attorneys who enter into certain types of contingency fee contracts with their clients.
Yet, at the same time, one study shows that the frequency of medical liability claims has risen to 95 for every 100 physicians. Another study, from the Harvard Kennedy School of Government, reveals that about 2.4 percent of annual health care spending can be attributed to medical liability costs.
What’s clear is this: Physicians need to continue opposing efforts to erode hard-earned medical liability reforms while advocating for further reforms and a fairer tort system.
State Senate Republicans will caucus on Monday, Sept. 27, on
a state bill that would permit trial lawyers to quantify damages for pain and suffering for auto accidents. A report of the bill to the full Senate could possibly follow the caucus.he hearing.
The Pennsylvania Medical Society (PAMED) has
signed onto a letter from about 30 large associations opposing HB 2246. PAMED strongly believes that damages for pain and suffering should be left up to juries, without suggested award amounts from trial lawyers.
“If this precedent-setting measure is passed by the Senate, the camel’s nose is under the tent and the next step is trial lawyers arguing dollar amounts for pain and suffering in medical liability cases,” said PAMED President James A. Goodyear, MD.
PAMED also joined 90 other medical organizations nationally to ask the federal government to stop a proposal that would change tax policy to allow a special tax deduction for trial attorneys who enter into certain types of contingency fee contracts with their clients.
Estimates suggest the proposal would cost taxpayers an estimated $1.5 billion, and many fear that it would potentially increase the cost of health care in our country.
“In essence, this is a financial incentive for personal injury lawyers,” said Dr. Goodyear.
Meanwhile,
the American Medical Association (AMA) has released a report that says that, among other findings, 50 percent of obstetricians and gynecologists have been sued by the age of 40. Ninety percent of surgeons 55 and older have been sued.
Even though 90 percent of liability cases that go to court are decided in the physician’s favor, there are still huge costs involved. A case that is dropped costs an average of $22,000 while cases that go to trial can cost over $100,000.
The
Kennedy School of Government website said, “Medical malpractice and efforts to manage its risks cost the national health care system more than $55 billion a year, about 2.4 percent of annual health care spending.” Researchers said the results showed that the costs are significant, although perhaps not as big a factor in health care expenditures as some groups claim.