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March 11, 2008 ... During a hearing of the Judiciary Committee on Tuesday, Sen. Richard T. Moore, D-Uxbridge, released a report drafted by his office that highlighted the need for medical malpractice reform in Massachusetts. The report was drafted Dr. Peter Smulowitz, an emergency room physician at Beth Israel Deaconess Medical Center in Boston and Saint Luke’s Hospital in New Bedford, who served as a policy fellow in Sen. Moore’s office. 

“I am concerned that the current medical liability system is a significant impediment to achieving the goals set forth in health care reform,” said Moore. “When rising health care costs are combined with the shrinking pool of physicians, there is no question that we cannot afford a business as usual system. I am grateful to Dr. Smulowitz for his review of this important area of concern and for his suggestions for improving the professional liability system by placing patients first.”

The report, entitled “Restoring Value and Trust in our Health Care System” investigates the shortcomings of the current system, and explores the possibility of liability reform. The report uncovers that Massachusetts currently ranks highest among states reporting medical malpractice insurance claims to a central state agency, with almost 20% of insurance payouts over $1 million. In addition, the report discusses the rising cost of liability fees for physicians and the connection between this and the current concern over a physician shortage in the Commonwealth. 

As a result, Dr. Smulowitz’s report promotes an idea based on early disclosure to patients of medical errors, apologizing for those errors, and providing timely and fair compensation to patients outside the traditional tort system. This model was recently successfully implemented by the University of Michigan in 2001, and the University of Illinois in 2006. While some Massachusetts hospitals have implemented similar programs, widespread approval of this model has yet to take place. 

To obtain a copy of “Restoring Value and Trust in our Health Care System” and retrieve additional information on the proposal, please visit www.senatormoore.com/health. 

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