The head of a Pennsylvania civil justice reform organization said medical errors in the Keystone State should not be treated criminally.
His comments follow the passage in Kentucky of the nation’s first-ever law decriminalizing medical errors by healthcare providers, except in cases of gross negligence or misconduct.
“Criminalization should be limited only to areas where intentional harm to a patient is committed,” Curt Schroder, Executive Director of the Pennsylvania Coalition for Civil Justice Reform (PCCJR), told the Pennsylvania Record. “Errors, while very unfortunate, should not be treated as criminal acts.”
“PCCJR would oppose any attempt to further deal with medical errors through additional criminalization of unintentional behavior,” Schroder said.
The Kentucky bill was passed, in part, to deal with a shortage of healthcare workers in that state.
Pennsylvania is also facing a healthcare worker shortage, with 63 of the state’s 67 counties considered a partially or primary care health professional shortage area (HPSA), according to a 2021 report by MarshMcLennan.
Schroder said the situation is especially concerning in rural Pennsylvania counties.
“Rural hospitals already face greater difficulties recruiting providers than their suburban and urban peers and, now, they must also cover urban-size risk factors to retain them,” he said.
When it comes to behavioral and mental health, 53 of Pennsylvania's counties are considered mental health HPSAs, a microcosm of the national situation.
The U.S. is projected to have a shortfall of 87,000 behavioral health workers by the year 2036, according to a report by the Health Resources and Services Administration (HRSA).
PCCJR is a non-profit organization focused on reforming the civil justice system in Pennsylvania. Founded in 2015, it aims to promote fairness and balance in the state's legal system by advocating for policies that reduce lawsuit abuse and improve the business climate.