Malpractice reform law passes in Pa. (Seen as a First Step, Not a Solution).

A Pennsylvania law enacted last month is a first step toward--but not a solution to--physicians' insurance woes in that state, doctors there say.

The law was enacted after intense lobbying by the Pennsylvania section of the American College of Obstetricians and Gynecologists and the Pennsylvania Medical Society.

Pennsylvania governor Mark Schweiker signed House Bill 1802 into law on March 20. The bill was passed in the state's House of Representatives by a vote of 196-1 and in the Senate by a vote of 49-0.

Key elements in the law include a 7-year deadline for filing a malpractice lawsuit, with some exceptions; a collateral source rule that prohibits the collection of damages on medical expenses already paid by health insurance policies; and discounts on payments to the Medical Liability Catastrophe Loss Fund, which physicians pay on top of their primary premiums. The law also includes measures to strengthen patient safety.

Provisions in the law may provide relief to physicians over the long term, but they won't see immediate premium relief from it, Dr. William R. Crombleholme, chair of the Pennsylvania section of ACOG, and an ob.gyn. from Pittsburgh, told this newspaper. "Our crisis continues."

The law does not include some crucial elements that would protect doctors from frivolous lawsuits, such as a cap on noneconomic damages for pain and suffering, said Chuck Moran, director of media relations for the Pennsylvania Medical Society.

A true cap on noneconomic damages can be achieved only through an amendment to the state's constitution, he explained.