A coalition of more than 50 business, health-care, local government and insurance groups joined with state lawmakers to unveil the results of a statewide survey that reveals strong public support for commonsense lawsuit abuse reform in the Commonwealth.
Conducted by Harrisburg-based Susquehanna Polling and Research, the survey polled 800 statewide registered voters about the overall impact of lawsuit abuse and specific reforms pending in the General Assembly.
“Our collective efforts are buoyed by overwhelming support among the general public,” PA Chamber Vice President Gene Barr said, pointing out that 75 percent of those surveyed believe lawmakers in Harrisburg should do more to improve the overall legal climate in the Commonwealth. “These results make it very clear that Pennsylvanians understand the negative implications of an unbalanced legal system for health-care costs and accessibility; job creation and business investment; and the cost of consumer goods and services, and want elected officials to take action.”
According to the survey, 91 percent of respondents said lawsuits against businesses and employers have an impact, with 67 percent classifying it as a “big” impact. The impact on the health-care system was acknowledged by 95 percent of respondents, with an even greater majority (82 percent) calling it “big.”
The survey results also show support (82 percent) for re-enactment of the Fair Share Act (H.B. 1, S.B. 2), which would repeal the legal doctrine of joint and several liability. Under joint and several, a defendant in a civil lawsuit only minimally at fault could be held liable for 100 percent of the damages.
In addition, support remains strong (76 percent) for having individuals and businesses pay for damages proportionate to their level of blame, even if it means some plaintiffs will not be able to recover 100 percent of damages.
“House Bill 1 represents long overdue and much-needed reform of our state’s legal system,” said Rep. Curt Schroder, R-Chester, the bill’s prime sponsor. “It will strengthen our economy by reducing the burden on businesses and allowing for job growth, and it will restore fairness to our legal system.”
At least 40 states have repealed or modified joint and several liability, and it is the top lawsuit abuse reform priority for the coalition.
“We have an aging physician workforce, and our young physicians are attracted to other states with less hostile legal climates where practice costs are less,” Hospital and Healthsystem Association of Pennsylvania Senior Vice President Jim Redmond added. “The Fair Share Act will help lower costs and improve physician recruitment and retention, which is critical to protect access to care in our communities.”
In addition to the Fair Share Act, the legal reform coalition is supporting, among other reforms, legislation that would:
-- Allow health-care professionals to apologize for unforeseen outcomes without fear that those statements could be used against them in court;
-- An expansion of medical malpractice venue reforms to include all civil liability cases;
-- Protections for innocent sellers that had nothing to do with a product’s manufacture; and
-- Reasonable time limits in which product liability suits can be brought (statute of repose) “Apology legislation” was supported by an overwhelming 84 percent of those surveyed.
“For decades, lawyers and insurers have advised health-care professionals to ‘deny and defend’ when an adverse situation arises, believing those apologies or expressions of empathy to patients and their relatives would lead to lawsuits, settlements and ruined careers,” Pennsylvania Health Care Association President Stuart Shapiro said. “Pennsylvania lawmakers now have the opportunity to put an end to this defensive posture and strengthen relationships between health-care professionals, patients and families.”
The survey also indicated strong support (71 percent) for a statute of repose in product liability cases and for venue reforms (86 percent) to ensure that lawsuits are filed only in counties where the defendant resides or where the injury occurred.
The coalition stressed that the survey convincingly shows that public opinion is on the side of the need to restore balance and fairness to the state’s legal system.
“Pennsylvanians are paying attention to this issue more closely than ever before because they know that is has a direct effect on the prices they pay, the taxes they pay and the state’s overall prosperity,” NFIB State Director Kevin Shivers said. “Most importantly, people realize that runaway lawsuits threaten the small businesses that create jobs.”
Barr added, “Opponents are clearly standing apart from the mainstream on this issue, and are working against job growth and access to health care in the process.
“We urge the General Assembly to make serious strides to enact these commonsense reforms.”
For more information, visit the PA Chamber Lawsuit Abuse webpage.
