Philadelphia Personal Injury Attorney Blog | Pomerantz Perlberger & Lewis LLP

According to statistics released by the Pennsylvania Supreme Court, the number of medical malpractice cases filed in the state fell for the third consecutive year, although it does not represent a significant decline from 2006. The number of cases filed in 2007 was 1617, whereas in 2006 there were 1693 cases filed, roughly a 5 % drop. The decline is, however, a 40 % drop from the number of cases filed in 2002, 2904.

The drop is being attributed to the Medical Care Availability and Reduction of Error (MCARE) Act, which put additional burdens on lawyers filing cases. In addition, the percentage of cases decided in favor of the defendant has also increased, with the percentage of cases awarded multimillion dollar awards has also decreased.

Can we then expect the malpractice rates to fall? No. Although the increase in rates has slowed, insurance companies are loath to lower rates, and, though awards have been falling nationally for several years, the insurance rates are remaining largely constant.

A report by the Manhattan Institute for Policy Research, which purports to disprove the theory that insurance companies are gouging doctors, actually proves the opposite: that insurance companies have been, and continue to, gouge doctors. The report, published in May 2006, shows that medical malpractice insurance rates do track awards. However, to make the two graphs overlap, one must use twice the scale for insurance rates. Thus, though the average award reached its peak around $6,000 per doctor, the insurance rates average about $12,000 per doctor. And a regional breakdown shows that even greater disparities exist in many localities. A graph intended to show the straight-line correlation between the amount of medical malpractice awards and the insurance premiums does show a very rough correlation. However, while the awards per doctor scale runs up to $10,000, the scale for premiums runs up to $50,000. That means that many doctors can immediately see an 80% reduction in the cost of medical malpractice suits by just banding together and paying out of pocket rather than paying for medical malpractice insurance. Perhaps that's where they should put their resources, instead of lobbying for tort reform.

If you or a loved one has been hurt as a result of a negligence of a doctor, do not hesitate to seek redress of your wrongs. The civil court system is set up for the protection of patients, and the cost of medical malpractice to doctors is far less than the cost of medical malpractice insurance. Contact the experienced medical malpractice attorneys at Pomerantz, Perlberger, and Lewis, LLP today for a free initial consultation and case evaluation.