SALISBURY -- While watching evening television, it's hard to miss commercials advertising legal help for those who believed they suffer from medical malpractice, misdiagnosis and other maltreatment.
"If you have a phone, then you have a lawyer," is just one of the memorable slogans that encourages victims of malpractice to have their day in court.
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While the commercials may seem repetitive, the lawyers appear in demand.
According to Bureau of Justice Statistics, in 2001, the median medical malpractice awards from jury trials doubled to $431,000 from $253,000 in 1992, which was alarming to many medial professionals and others who perform emergency care resulting in more precautions on the job.
Atlantic General Hospital orthopedic surgeon Tom Beck, who has performed surgeries for about 10 years, said the increasing number of lawsuits and larger awards to plaintiffs has caused change within the field.
"If you look at studies, articles and books on how to treat things, when you should order tests, when you shouldn't order tests, what we do in medicine many times now is not based on science but what we're afraid of if we miss something what we're going to have to pay for on down the line," he said.
And "down the line" has ominous consequences considering statistics from the Bureau of Justice.
In 2001, an estimated nine out of 10 medical malpractice trials involved a plaintiff claiming the defendant's alleged malpractice resulted in a death or permanent injury.
"I think that for most physicians now, it's the fear of being sued for missing a diagnosis," said Scott Maizel, a surgeon at the Sandra and Malcolm Berman Comprehensive Breast Care Center at the Greater Baltimore Medical Center and former president of the Maryland Chapter of the College of Surgeons. "Physicians are now performing more tests, (writing) more referrals and frequently require more visits back to the doctor to make sure nothing was missed."
Besides physicians, many prehospital professionals are also taking precautions.
Ocean City Fire/EMS Capt. Charles Barton said while liability for prehospital care is lower for EMTs and paramedics, there is still concern.
"I think most people are concerned about liability issues," he said. "(However), risks can be managed and liability can be reduced."
Barton said EMS providers are required by law every two years to attend a class to update and review new medical guidelines.
"Most EMS providers are interested in doing the right thing and helping people out," he said.
Health and Safety Director Bob Williams of the Lower Shore Chapter of the American Red Cross agreed.
"You're dealing with a human life; personally, I would want to give my help," he said.
As a first aid and CPR instructor certifying nonprofessionals, as well as lifeguards and nurses, Williams encourages responders to "do as much as they can," which can mean just calling 911, he said.
During classes, Red Cross instructors address the Good Samaritan law to let students know the level of liability they may face.
"Basically, if you are responding in an emergency and do nothing that's totally negligent, then (you) are protected," he said.
While this is not the case the for surgeons who face about half of all medical malpractice lawsuits, Maizel said the issue could be destructive not only for the physicians, but the patients, too, making health care more expensive in Maryland.
"The state is in crisis as far as malpractice," Maizel said, as rising malpractice premiums drive physicians to other states.
Maizel mentions House Bill 2, where the Rate Stabilization Fund was created by the Maryland General Assembly to provide subsidies to physicians. However, since the bill was enacted, Maizel wonders how long that money will last.
"You're going to see a significant rise," said Neilson Andrews, membership director for the Maryland State Medical Society. While premiums have remained at 2004 rates, "the concern is 2008, the last year of the rate release."
Even with the Rate of Stabilization Fund, Andrews said physicians are already leaving the state and retiring earlier.
Despite the concern about rising premium costs, Salisbury attorney James Otway said number of malpractice claims are decreasing in the state.
According to the Maryland Healthcare Alternative Dispute Resolution Office, whose three-person committee hears malpractice claims across the state, there were 660 cases in 2004 heard by the committee, 635 in 2005, 578 in 2006, and so far this year, there are 364 cases.
"I don't think (medical liability) is higher than any other profession," Otway said. "If there were no mistakes in health care, there would be no lawsuits. People who are injured need some redress."
While the number of liability cases decreases, physicians like Maizel and Beck continue to worry about rising premiums. However, Maizel said that extra precautions, such as consulting with colleagues, is just part of the job.
"I do that not so much because I am worried about being sued, but because I think it's the right way to take care of patients," he said.
janderson@delmarvanow.com
410-749-7171
delmarvanow.com
