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Letter in Opposition to Senate Bill 193

Cross-linked to HB 287

March 4, 2004

The Honorable Brian E. Frosh, Chairman

Judicial Proceedings Committee

2 East Miller Senate Building

Annapolis , MD 21401

Re:  Opposition to Senate Bill 193   

Maryland Medical Injury Compensation Reform Act

Dear Mr. Chairman and Members of the Committee:

The Maryland Consumer Rights Coalition, Inc. is a non-profit education and advocacy organization that promotes equity and fairness in the consumer marketplace.  We oppose the enactment of Senate Bill 193 – the Maryland Medical Injury Compensation Reform Act.

Patient safety and affordable medical care are certainly goals which we support.  There is no doubt that constructive changes can be made in our system for compensating victims of medical malpractice so that more victims receive better protection with less administrative expense.  However, this bill provides no such reforms.  Instead, it will hobble the only mechanism now in place to compensate victims without reducing the incidence of injury from medical malpractice

From a consumer’s perspective, the campaign to restrict the compensation available to victims of medical malpractice is merely part of a trend of powerful industries seeking to avoid responsibility for their conduct. Sadly, the proponents for relief from malpractice liability employ deception and scare tactics to obtain public support.  There is little, if any, support for the claims of numerous frivolous lawsuits, irresponsible jury awards, doctors unable to afford practicing medicine, and significant numbers of doctors leaving the state.

The problem of unnecessary injury and death from medical mistakes is, however, significant.  For instance, more people die from preventable medical mistakes in hospitals than from car accidents.  Yet there are steps the state and the medical profession can take to better protect patients.  For example, the state could improve the under funded and ineffective mechanism for identifying and disciplining incompetent physicians.  Another helpful step is to require hospitals to report all “adverse events.”  This would give state officials a better picture of the extent of the problem.  Currently, state agencies are dependant on patient complaints and lawsuits for data.  In fact, the General Assembly, in 2001, requested the Maryland Health Care Commission to investigate adopting this approach.  In 2003 the Commission proposed such a system.  However, as of today, the necessary regulation has yet to be enacted.  Of course, the effectiveness of the procedure will depend upon the resources allocated for compelling compliance and analyzing data. 

SB193, however, punishes the victims of medical malpractice and does nothing to increase patient safety. Rather than address the alleged problem of frivolous lawsuits, the proposed legislation actually penalizes the most deserving.  The bill does not just reduce the maximum award. It also imposes numerous restrictions on the calculation and distribution of compensatory payments.  In addition, the bill creates a one sided “offer of judgment” procedure geared to give insurance companies greater leverage to pressure plaintiffs to settle.

For these reasons, the Maryland Consumer Rights Coalition urges you to give Senate Bill 193 an unfavorable report.

Very truly yours,

Charles Shafer,

Board Member

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