STATEMENT BY DR. KARL P. RIGGLE, GENERAL SURGEON

and DR. JAMES J. YORK, ORTHOPAEDIC SURGEON

Save Our Doctors Protect Our Patients Coalition

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We thank the House of Delegates for the bipartisan support for House Bill 114 which on March 28, passed with a vote of 132-0.  Save Our Doctors was in Annapolis last night along with MedChi encouraging the Senate to allow this bill to come out of Rules Committee.  We are asking leadership: “Why not let the Senate vote on this important bill?”  This bill adds incremental reform to HB2 and its corrective bill HB1359/SB836 (Maryland Patients’ Access to Quality Health Care Act of 2004 --Implementation and Corrective Provisions).

 Doctors representing medical staffs of hospitals in Anne Arundel, Prince Georges, Montgomery, Baltimore City, Howard, Charles, Harford and Washington Counties traveled to Annapolis last evening and met with legislators including Senate leadership and the Governor.  We were there with a unified goal: to liberate HB 114 from the Rules Committee.  We want to see a public Hearing in the Judicial Proceedings Committee with a subsequent vote on the Senate floor.

 HB 114 is a fair and balanced solution for the medical liability / health care access crisis.  We have testified before the Senate Judicial Proceedings Committee and House Judiciary Committee on the malpractice bills during this session and during the special session in December. This is the composite result of this work.   

 Other states have passed reforms. South Carolina passed a $350,000 cap on noneconomic damages and other important reforms. Virginia’s Governor Warner signed a bill designed to reduce frivolous lawsuits against doctors. The Virginia law contains the Colorado apology language and tightens requirements for expert witnesses. The state has an important birth-injury program as well. California’s wise reforms have kept malpractice awards reasonable and premiums lower than most states. Utah has a non economic damage cap of $400,000 that has been upheld despite court challenges. Texas, West Virginia and Ohio passed malpractice reform laws in 2003 that are now bearing fruit in reducing premiums and allowing physicians to return to or remain in practice.  Texas and Ohio have $250,000 caps on noneconomic damages and West Virginia, a $350,000 cap. Georgia’s legislature passed malpractice reform with a noneconomic damage cap of $350,000. The bill also sets new rules regarding joint and several liability, emergency room liability and settlement offers.

Each of theses states has passed several important components of tort reform while packaging the reforms differently. Maryland with HB2 has started a process of modest incremental reform with a substantially higher cap on noneconomic damages. HB 114 adds carefully to this incremental reform with provisions including remittitur/collateral source; language stating that a neutral evaluator shall be used for future damages; physician apology language and a task force to evaluate structured settlements and annuitization.

Meanwhile, HB114 sits in limbo in the Rules committee and the access to healthcare crisis continues.  Neurosurgeons and Vascular surgeons in Western Maryland are limiting the scope of their practices, including dropping of pediatric services.    A number of OBs in Howard County are avoiding high risk pregnancies and are considering dropping their obstetrical practices altogether.

Fewer medical students pursue specialties with high malpractice premiums.  Last year, no graduate of our own University of Maryland Medical School chose an OB residency. Many training programs can’t fill OB, surgical and other liability-high-risk residency training positions.

Maryland, like many states in our country, is facing an access to healthcare crisis brought on by an imbalance in the medical liability tort industry. California, Colorado, Texas, Ohio, West Virginia, Virginia, South Carolina, Ohio, Georgia and Utah have found a way to protect their citizens and rebalance the medical liability system.

 We ask that you call your Senators and ask for a vote for Access to healthcare in Maryland.  The time is now.