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Malpractice News
Latest Medical Malpractice Data Shows Decline In Case Filings
HARRISBURG, April 25, 2006 — Chief Justice of Pennsylvania Ralph J. Cappy todayannounced the release of state court system data on medical malpractice case filings and verdicts for2005 that show a sustained decline in the number of med mal lawsuits filed statewide.
The AOPC began the systematic collection of data from each of Pennsylvania’s 67 countiesthree years ago as part of the Judiciary’s commitment to intergovernmental collaboration in addressingmedical malpractice litigation issues. At that time, counties also began to create a means of methodically tracking medical malpractice case information to enhance the focus and accuracy of future annual data collections. New statewide rules of Civil Procedure were promulgated — Pa.R.C.P. 1018 and 1042.16— to help identify med mal cases together with a new rule of Judicial Administration — Pa.R.J.A. 1904— to codify the reporting requirements.
“These figures, which are improving in accuracy each year, continue to provide criticalinformation that previously was unavailable to the Commonwealth’s citizens in such a comprehensiveformat,” Chief Justice Cappy said. “As the data is examined in greater detail and evaluated over time, itis anticipated that the numbers will provide a foundation for more informed decision making by all three branches of state government.”
The 2005 data show the statewide total number of med mal filings and the number and amountof jury and non-jury verdicts. The attached Table 1 shows there were 1,698 filings in 2005. Thisrepresents a 37.8 percent decline from the base years 2000-2002, the period just prior to the SupremeCourt’s initiation of the certificate of merit and venue rules. Also attached are Tables 2 and 3 detailing medical malpractice jury and non-jury verdict amounts for the calendar year 2005.
In comparison to earlier years, Table 2 reports that calendar year 2005 had the fewest number ofjury verdicts and the fewest number of verdicts exceeding $1 million.
An extensive collection of medical malpractice litigation data, court rules and other relatedinformation may be viewed in a special section of the Pennsylvania Judiciary Web site courts.state.pa.us
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A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.
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A large class of claims related to anesthesia has resulted from cases where the anesthesiologist or anesthetist did not take a complete medical history of angina, myocardial infarction, recent upper respiratory infection, and asthma.
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