Commentary: Medical Malpractice Success
Shows Beneficial Results From Continued Legal Reforms

The Bluefield Daily Telegraph, Aug 25, 2005

By STEVE ROBERTS

WV Chamber of Commerce

A recent news story related to doctors and health care providers creates an opportunity to make a much needed and serious point about the value of legal reform in West Virginia. According to David Rader, an insurance expert and head of the West Virginia Physicians Mutual Insurance Company, "we're seeing the frequency and severity of (malpractice) suits going down. I think that speaks well for the direction West Virginia is heading."

The story, which appeared in the August 20 edition of the Saturday Gazette-Mail, declared "West Virginia is shedding its nefarious reputation as a 'judicial hellhole' in terms of malpractice suits and is beginning to attract doctors, the president of the state's largest malpractice insurer said Friday."

The story provides additional evidence that the West Virginia Legislature's action to enact medical-malpractice reform has been a resounding success. Hailed around the country as the "gold-standard" of reform, West Virginia acted decisively and unequivocally in 2002 to eliminate unwarranted medical malpractice lawsuits. The result appears to be working as its proponents said it would.

The success of this legislation sets a bar that our state needs to follow.

Now, more of us need these protections. Our state's civil justice system needs to provide similar safeguards and sensibilities to employers so they can focus on providing and growing jobs.

The reforms to third-party lawsuits, deliberate intent and joint-and-several liability taken during the 2005 legislative session were important and much needed. More reforms must now follow.

Small employers in our state are being crushed by an explosion of asbestos lawsuits, further enriching a tiny number of millionaire plaintiff lawyers but providing less than optimum results for society as a whole.

West Virginia continues to be one of only a very small number of states that in no way makes punitive or "punishing' damage awards in any way relate to the severity of damage caused.

And West Virginia continues as one of only seven states that puts up with partisan political contests for its entire court system. Additionally, we appear to be one of only a tiny number of states that allow "pre-judgment" interest to be collected after a lawsuit is settled.

These and other oddities cause West Virginia to be out of step with our neighboring states. The result hurts West Virginia consumers, workers, and our economy.

Let's take a lesson from our doctors and health care providers. What worked for them helped all of us.

Now is the time to broaden these reforms to provide help and new opportunities for West Virginia's everyday people.