Medical Malpractice Tort Reform
by Delegate Chris Shank
Maryland faces a new medical malpractice crisis as soaring insurance premiums for physicians and
physician flight, are about to engulf our state with the same vigor that has caused physicians in our
neighboring states, particularly Pennsylvania and West Virginia, to either move or close down their
practices completely. In fact, the current situation is in such shambles that, a survey administered last year
by the Maryland Chapter of the American College of Obstetrics & Gynecology indicated that one-third of
the respondents would discontinue their practice of delivering babies if their insurance premiums were
reaised by more than 25 percent. Unfortunately that day has come, and it is time we take acation. The trial
attorneys have abused our system of jurisprudence for too long now and must be stopped.
This issue must be acted on immediately, as we are already losing current and future physicians to other
states, specialties, and occupations. A prime example of the debilitating effect that skyrocketing premiums
are having on physicians, is that in the last year's graduating class at the University of MD Medical School,
there was not a single Obstetrician. This can be partially accounted for by the fact that their premiums range
up to $200,000 per year. As current doctors retire, this will undoubtedly have a negative impact on the
quality of health care in our state. Quality tort reform, in regards to the inconsistent and sometimes outlandish
jury awards, for non-ecomonic damages, is necessary if we wish to foster a stable and predictable environment in
which our physicians are able to practice in the field or specialty they choose, without basing that decision
on whether or not they will be able to afford the ever-increasing insurance premiuns. If this is not
accomplished soon, we, like citizens of numerous other states, will simply begin to lose access to our
obstetricians, emergency physicians, orthopedic surgeons, general surgeons, and even our general
practitioners. I am sure that this is a situation none of us wishes to endure. Who will deliver the babies if all
the obstetricians leave their practices? Who will save our lives in the emergence rooms if there are no trauma
surgeons? These questions are not merely idle speculation, but the real consequences of allowing the trial
lawyers to continue to hijack the legal system.
Next legislative session, as a member of the House Judiciary Committee, I intend to support and co-sponsor
common-sense legislation that will enact meaningful tort reform. There needs to be a more realistic limit
on non-economic and punitive damage awards. There should be a cap on the amount of compensation that
trial attorneys can receive. In some cases, up to 40% of the settlement goes directly to the attorney.
I intend to work closely with the Ehrlich Administration to address these problems with our health care system.
I encourage your help and assistance as we debate these very important issues. The future of our health
care system depends on it.
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