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Medical
malpractice reforms will ensure fairness,
protect access to health care
By Rep. Kirk Pearson
During a trip back to the 39th District after my first week in the
legislative session in Olympia, I had the opportunity to meet with local
doctors and officials from Valley General Hospital in Monroe. I was
surprised by the number of doctors at the meeting. What was no surprise
was their concern: the skyrocketing cost of medical malpractice
insurance.
Two years ago our local hospital paid $180,000 for medical malpractice
insurance. This year, it is costing the hospital more than $600,000.
Most important to note is that the hospital had no judgments or claims
against it. And yet the costs of insurance have gone through the roof.
Three years ago, the hospital’s team of obstetrics and gynecologists
paid $65,000 for malpractice insurance. That cost has now risen to
$300,000 – again with no judgments on file.
It’s the same scenario throughout Washington. Consider this:
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As many as 45 percent
of physicians have reduced or eliminated high-risk services, such as
maternity services and surgeries, to avoid unaffordable liability
insurance premiums.
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The Washington State
Medical Association says 19 percent of its members have stopped
practicing obstetrics because of the high cost of insurance. There’s
also a 31 percent increase in the number of its physician members
moving out of state.
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Emergency room doctors
at Providence Everett Medical Center, one of the busiest emergency
rooms in the state, have been told their malpractice insurance will
be dropped April 1.
Why are we facing this
crisis?
Washington differs from
other states in that it has no cap on damages that patients receive as a
result of a judgment in a medical malpractice lawsuit. As a result, many
malpractice lawsuits end in judgments and legal fees that are way out of
proportion to the loss involved in the case.
Unrestricted lawsuits with
unrestricted damages have put our state in crisis. I am concerned that
"justice" is being lost from our civil justice system. We can and should
do better by adopting a fair process for addressing liability. We need a
system in which courts offer justice for people, not just frivolous
lawsuits. The best and most responsible way to attain this goal and save
our health care system from this crisis is for the Legislature to enact
medical liability reforms during this legislative session!
I am supporting a
comprehensive package of legislation which is designed to reverse the
devastating effect out-of-control lawsuits have had in our state. The
bills broadly relate to tort reform. Most importantly, the legislation
includes a cap on non-economic (pain and suffering) damages, allows
binding arbitration of disputes, provides time limitations on lawsuits,
and lets a defendant to pay his/her proportional share of damages based
on the proportional share of fault (also called "joint and several"
liability reform).
This legislation parallels
the public’s concern. A survey of Washington citizens found 72 percent
support limits on the amount of money juries can award for non-economic
damages.
Other states with similar
reforms, including California, have successfully stabilized the medical
liability insurance market, maintained access to affordable quality
health care, ensured that injured parties receive more money, and
averted the crisis we now face in Washington.
The reforms I am
supporting would not remove an injured party’s right to seek legal
action. Instead, they would restore fairness, timeliness and balance
into the system.
I want to make sure that
when a young child is suffering from an ear infection or has an accident
on a bicycle, that child can be seen by a local doctor. I want to make
sure that when Grandma or Grandpa have a health issue, they are able to
get the care they need when they need it. I want to make sure that when
a woman becomes pregnant, she and her unborn baby are able to get the
prenatal care necessary for a successful birth and a healthy child.
If we fail to act this
session in the Legislature, we won’t be able to ensure this access to
health care for our families. Costs will rise and soon there will be a
massive closure of hospitals and clinics, and the potential of doctors
retiring or leaving Washington altogether. Access to affordable health
care will become an unattainable goal. It’s a rocky road that we have
just begun to travel and the outlook is not good.
However, if we work
together, we can take a different, more responsible route – one that
provides for a much fairer civil justice system that keeps our doctors
in Washington. Together, we can adopt liability reforms which reasonably
compensate injured parties without compromising the ability for the rest
of us to access quality medical care.
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For more information, contact:
Bobbi Cussins, Public Information Officer:
(360) 786-7252
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