Medical malpractice suits declining in Pennsylvania

According to a recent report by the Administrative Office of Pennsylvania Courts, the number of medical malpractice suits filed in Pennsylvania in 2012 was down 10 percent, from 1,675 in 2011 to 1,508. Philadelphia, which is the largest jurisdiction for medical malpractice suits in Pennsylvania, saw only 389 lawsuits last year, the second lowest number in 10 years. So why are these numbers so low?

These statistics may indicate that a 2002 law aimed at reducing the number of medical malpractice suits in the state, as well as the incidence of medical malpractice itself, is working. In addition, since 2003, Pennsylvania law has required that plaintiffs file medical malpractice suits in the county where they suffered injury and, before filing, that a doctor provide them with a “certificate of merit.”

These recent statistics are significant because they show that efforts by lawmakers to pass laws capping damages awards in these sorts of cases are simply not necessary. Although many have suggested that these sorts of caps on medical malpractice awards are required to reduce healthcare costs, the numbers indicate that these sorts of suits are not the drain on resources that many believe them to be.

This is not only the case in Pennsylvania, but throughout the rest of the U.S., as well. According to a recent study conducted by the nonprofit group Public Citizen, not only is the number of medical malpractice suits on the decline, but so are the amounts of payouts in successful cases. In 2012, malpractice insurers paid a total of $3.1 billion to plaintiffs on behalf of doctors. Although this number may seem high, it is the lowest number since 1998. In fact, according to Public Citizen, the amount of payouts in 2012 is the lowest in the history of the U.S. after adjusting for inflation.

Unfortunately, these statistics do paint a somewhat incomplete picture. For example, although statistics about payments on behalf of doctors are readily available, those regarding payouts on behalf of hospitals are not. In many malpractice cases, both doctors and hospitals are named as defendants.

Nevertheless, even though other numbers may prove helpful, the bottom line is clear. Efforts to reduce the number of medical malpractice lawsuits or the amount of malpractice suit awards at the expense of the rights of plaintiffs are not needed. Indeed, any suggestion that medical malpractice suits are to blame for rising healthcare costs is simply off base.