Malpractice suits decline slightly here
But the 34 cases filed by county residents in 2007 still well above 2000-2002 level.
By JACK BRUBAKER
Updated Oct 03, 2008 11:06
Lancaster County residents sued fewer doctors last year than in 2006, but the number of malpractice lawsuits filed here remained high compared with early in the decade.

Thirty-four county patients sued doctors or hospitals in 2007, compared with 40 in 2006.

By contrast, from 2000 to 2002, an average of only seven local residents sued their doctors.

Meanwhile, the number of malpractice suits statewide continued to fall, according to figures released by the Administrative Office of the Pennsylvania Courts this week.

Just over 1,600 malpractice suits were filed in Pennsylvania in 2007. That compares with 1,700 in 2006 and an average of more than 2,700 per year in 2000-02.

Lancaster's 34 cases included five filed against Dr. Anthony Mauriello, an orthopedist who also was sued 17 times from 2004 through 2006.

Four of the earlier suits against Mauriello have been discontinued by the plaintiffs.

Most other local doctors on the malpractice list in 2007 were sued once. Two were sued twice.

Hospitals, nursing homes and physician practices, rather than individual doctors, were sued a total of 11 times.

So far this year, only four doctors — one of them Mauriello — and one hospital have been sued here. If that pace holds, the total of suits filed in 2008 could drop significantly.

The number of malpractice suits statewide began falling in 2003, following procedural changes adopted by the Pennsylvania Supreme Court.

The court required that all suits be filed in the county where medical treatment occurred. That ended a practice of taking cases to Philadelphia courts, where juries are more likely to favor patients with high monetary awards.

The court also required that all cases be certified by a medical expert when they are filed, which severely reduced frivolous malpractice suits.

Until 2007, Lancaster County had bucked the downward trend in suits filed. After registering just five suits in 2003, the number rose to 31 in both 2004 and 2005 before peaking at 40 in 2006.

Lawyers who represent local doctors have been concerned by the increase in malpractice cases. They say more patients are seeking advice from lawyers instead of talking over problems with their doctors.

Lawyers who represent patients say the change in part represents a greater willingness to sue doctors in an area that traditionally has been reluctant to blame physicians for negative medical results.


Staff writer Jack Brubaker can be reached at jbrubaker@LNPnews.com or 291-8781.
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