In malpractice cases, defense often wins

The Hospital of the University of Pennsylvania is currently facing two major medical malpractice cases - but if statistics are any indication, HUP might not have much to worry about.

In 2006, almost 85 percent of medical malpractice cases in Pennsylvania that reached a jury trial were settled in favor of the defense, Judicial Branch records show.

At HUP, statistics have been comparable. Only a small percentage of malpractice cases reaches a jury trial, but of those, 75 percent historically have been decided in favor of the defense, according to Mary Ellen Nepps, the senior counsel for claims and risk management for the University of Pennsylvania Health System.

In total, 65 percent of claims against HUP have closed without payment, meaning the hospital did not settle or lose at a trial, Nepps said.

HUP was recently sued by the family of College sophomore Anne Ryan, who died at the hospital from meningitis in September, and has filed motions to overturn a November verdict that ordered HUP to pay $1.74 million.

Local attorneys Andrew Stern and Jack Meyerson said that, if a case actually reaches trial, there is a tendency for juries to hold a bias in favor of doctors and hospitals. This bias may be due in part to insurance company propaganda, Stern said.

"Insurance companies have falsely convinced many jurors that medical malpractice cases are frivolous, and that jury verdicts threaten the financial existence of doctors and hospitals," Stern said.

In addition, the 2002 medical malpractice reform legislation has caused a drastic decrease in the number of cases filed in Pennsylvania.

There are "significant hurdles that have deterred patients and lawyers from filing and pursuing medical malpractice cases," Stern said.

The 2002 legislation required plaintiff's lawyers to seek additional medical support before filing a case. This, among other measures, has led to increasing expenses in malpractice cases.

With few large settlements and verdicts in favor of plaintiffs, medical malpractice law firms have felt the strain.

"Lawyers are being more cautious about the cases they take because of the poor likelihood of success," Meyerson said.

According to Nepps, the only cases that the University brings to trial are those that have a strong medical defense.

For HUP, the odds seem promising.

"Contrary to the popular belief, big verdicts [for plaintiffs] are not a frequent occurrence," Stern said.

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