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Wyoming Review Panel Credited With Reducing Lawsuits- But Not in NY

By Gerry Oginski

Wyoming has just released a study claiming that special panels of doctors and lawyers who review a malpractice case before it gets started has a definite impact on reducing "frivolous" lawsuits. Read the article below to see how it worked. At the end of the article I'll tell you why this failed miserably in New York.

"Medical Review Panel credited with reducing lawsuits
BY CHRIS RIZO
CHEYENNE, Wyo. (Legal Newsline)-The Medical Review Panel that was created in Wyoming to root out frivolous medical malpractice lawsuits has reduced the number of claims filed through 2007, an official told Legal Newsline.

Since the program went into effect July 1, 2005, of the 89 malpractice claims filed, 24 were either withdrawn or dismissed, settled or partially dismissed, or a lawsuit was filed but was settled before trial, says a report given to state legislators.

The program, which is administered by the office of Attorney General Bruce Salzburg, had an effect on about 25 percent of medical malpractice claims filed in the state, Eric Easton, the senior deputy attorney general who oversees the program, told Legal Newsline.

"Maybe in 25 percent of cases were having some help in resolving (claims) before they go to court," Easton said in a telephone interview Tuesday.

Before claims are filed in state district court, papers must be filed with the Medical Review Panel, which consists of two healthcare providers, two attorneys, who are appointed by the program director. The fifth member, a lay person, is appointed by the other four members.

The panel's review is not binding on either party and the health care provider may opt out while both parties may stipulate to opting out, Easton said.

In 32 of the 89 cases, the healthcare provider failed to either answer the claim or waived the panel. In 34 cases, the claimant and the healthcare provider jointly waived the panel, while in six cases, the claimant dismissed the claim.

From Legal Newsline: Reach reporter Chris Rizo at chrisrizo@legalnewsline.com."
http://www.legalnewsline.com/news/214157-medical-review-panel-credited-with-reducing-lawsuits
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In New York, back in the 80's when there was much talk about a malpractice "crisis," the legislature came up with the idea that having a panel of a doctor, a lawyer and a judge would be a great way to "screen" out the cases that did not have merit.

The theory was that a medical malpractice panel would have an impact on the parties, the insurance companies and the juries that would hear the panel's "recommendation." The reality is that it simply did not work. Possible findings included "liability," "no liability," or "no finding." Each attorney had a chance to present their side of the case to the panel. Extensive supporting papers had to be prepared and submitted, in triplicate, to each of the panel members before the hearing. It was usually a formal hearing and very few questions were asked by panel members. Often, you couldn't tell if you had a "hot" panel that had read your papers or a "cold" panel who didn't read your papers.

Our system of having malpractice panels deteriorated to the point that at trial, lawyers would serve subpoenas upon panel members to testify about comments that they made during the panel hearing that were, in some way, favorable to that lawyer and his client. Those subpeonas resulted in motion practice, which resulted in Court orders. Those orders were inexplicably appealed, leading to case law setting precedent.

Often, jurors would disregard panel findings since one party or the other could defuse a finding against them by showing at trial that these esteemed panel members did not listen to the evidence and did not have as much information as the jurors. Finally, after many fruitless years of hearing the drum beat of the "malpractice crisis," the legislature finally realized that medical malpractice panels in New York were totally useless and literally abandoned the entire practice.

Good luck to you Wyoming!

Full post as published by New York Medical Malpractice Blog on July 15, 2008 (boomark / email).