Court decision risks driving doctors out of Pennsylvania, leaders say
A court ruling in Pennsylvania is sounding alarms among health and business leaders who warn it could deepen the state’s patient access to care crisis.
The leaders of five statewide associations issued a joint statement spurred by a recent court decision in which a Philadelphia jury awarded more than $180 million in a medical liability lawsuit – an amount believed to be the largest liability award in state history. The Pennsylvania Superior Court upheld the verdict, dramatically broadening the scope of when hospitals and businesses can be found liable. It was especially troubling that in this case, no individual provider was found negligent.
“As Pennsylvania health care and business leaders, we are deeply concerned about the Commonwealth’s worsening medical liability climate, and the consequences for patient care, provider sustainability, and our broader economy,” said a joint statement from the Hospital and Health system Association of Pennsylvania; the Pennsylvania Chamber of Business and Industry; the Pennsylvania Health Care Association; the Pennsylvania Medical Society; and the Chamber of Commerce for Greater Philadelphia.
The leaders of these organizations warned that if the award stands, it could fuel more instances of jackpot justice, drive up liability insurance premiums, and discourage providers from practicing in Pennsylvania. This risks facility closures, job losses, and limited patient access to care, not just in Philadelphia, but in underserved areas across the state.
They also cautioned that the ruling could hurt Pennsylvania’s overall competitiveness, deter investment and undermine the state’s workforce. “Health care deserts turn into economic deserts,” the groups warned.
Click here to read more about how statewide business advocates are joining forces for a fair resolution of claims that ensures continued care for Pennsylvania communities.
Affidavit of merit faces US Supreme Court test
A lawsuit headed to the U.S. Supreme Court is drawing national attention for its potential to erode safeguards that protect patients and providers from meritless medical liability lawsuits.
The case, Berk v. Choy, centers on Delaware’s law requiring an “affidavit of merit” – an expert certification that a liability claim is considered reasonable – before a lawsuit can proceed. While dozens of states have similar requirements to reduce the number of meritless lawsuits, a plaintiff is now arguing that cases filed in federal court are exempt.
Health care leaders warn that striking down an affidavit of merit requirement would open the door to more baseless lawsuits. The American Medical Association and several state medical societies filed an amicus brief urging the Court to uphold Delaware’s law, writing: “Such statutes reduce health care costs by foreclosing baseless medical negligence claims. They also protect physicians…from the undue expense and reputational harm resulting from meritless cases.”
Evidence backs this up: studies show that 65% of liability claims between 2016 and 2018 were dropped or dismissed, with defendants prevailing in nearly 9 out of 10 cases that went to trial. Yet it can take years and tens of thousands of dollars for providers to defend themselves, driving defensive medicine and higher costs for patients.
This case is scheduled to be heard in the Supreme Court’s next session that begins in October.
To read more about how common-sense liability laws, including affidavits of merit, are critical to affordable access to care, click here.
New Mexico physicians add to arguments in favor of liability reform
New Mexico is facing a growing doctor shortage, and one physician is arming advocates with facts around the difficult nature of the state’s medical liability climate.
Responding to an op-ed in support of the liability status quo, Nathaniel Roybal, MD, Ph.D., a retina surgeon and businessman, says the state’s 2021 medical liability law is a major reason the state is ceding physicians to retirement or other states. In his response, Dr. Roybal warns that the law, which raised liability limits nearly tenfold, has turned practicing medicine in New Mexico into “a high-risk gamble.”
“Many have chosen to leave our state rather than challenge the powerful personal injury industry. That silence has come at a steep cost: fewer doctors, longer waits and a health care system pushed to the brink of collapse,” he writes. Since the law’s enactment, settlements have surged 185%, while neighboring states have seen no similar increase, according to the National Practitioner Database.
Dr. Roybal stresses the high stakes for physicians: “Doctors are left with a stark choice: retire early, practice elsewhere or risk our family’s security.” Punitive damages, sometimes exceeding $10 million, are paid by local physicians and hospitals, threatening the economic survival of health care systems.
In his response, Dr. Roybal encourages New Mexico lawmakers to revise the 2021 law and reform the state’s health care liability regime to work for both patients and physicians. To read more about how physicians are fighting for the future of health care in New Mexico, click here.