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FOR IMMEDIATE RELEASE
February 21, 2007
CONTACT:
Lee Derr
717-787-6538
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Orie Again Introduces Legislation to Reform Pennsylvania's Medical Liability System

Senator Jane Orie (R-Allegheny) today announced the re-introduction of legislation that would provide demonstration grants to hospitals and affiliated physicians for the development and implementation of alternatives to litigation for resolving disputes.

These grants would establish pilot projects designed to reduce health care costs and reduce medical errors.  The pilot projects would provide for: (1) a uniform schedule of compensation for injuries related to medical treatment; (2) identification of preventable errors; and (3) better and more open sharing of information between health care providers regarding preventable medical errors, without fear of recrimination.

In announcing the legislation, Orie noted: "The current system does not provide incentives to develop patient safety initiatives because it is based on blame, it does not compensate all patients, and it does not properly regulate the small percentage of practitioners who are responsible for the majority of medical claims.  We need to consider new and innovative solutions to that will help to make the system fairer and help to resolve these cases without such a high cost.  As we have had at least three medical malpractice 'crises' in recent memory, history has clearly shown that what is needed is systemic reform."

The bill implements a recommendation of the Joint State Government Commission with regard to its study of the feasibility of establishing an alternative to the existing medical professional liability system. The study, performed pursuant to a Senate Resolution sponsored by Orie in 2003, looked at a number of options, including developing an administrative system not based on fault, or establishing specialized malpractice courts with medical expertise that can properly determine issues such as the appropriate standard of care and extent of damages.  The Commission issued its recommendations in a March 2005 report entitled Medical Professional Liability Reform for the 21st Century: A Review of Policy Options.

Orie said she is committed to finding ways to improve the current system, to reduce frivolous lawsuits and to bring down rising insurance premiums that are forcing doctors out of Pennsylvania.  "Recent studies have found that Pennsylvania's medical malpractice system performs poorly on several benchmarks, including fairness, high cost, and consistency of treatment.  It is time to take a new direction in medical liability policy.  I believe this project will represent that new direction," Orie stated.