Stop the Bleeding ~ Commentary on SB1223

By Glenn Hamer

Arizona has an estimated physician shortage of over 2,200, based on 2005 findings. At 219/100,000, the physician to population ratio is well below the national average of 283/100,000. Although the number of doctors in Arizona increases each year, it's not enough to meet the demands of Arizona's growing population. In fact, every county in Arizona has been designated in part or whole as a Health Professional Shortage Area (HPSA).

These are troubling figures that should prompt Arizona to examine its medical environment. There is an increasing complaint among hospitals about the diminishing number of physicians willing to serve in emergency rooms. Having to assume additional medical liability is one factor that contributes to the decline in available ER physicians. A recent survey by the Arizona Medical Association showed 23 percent of physicians who do not currently take emergency department calls stated the primary reason was increased medical liability exposure.

A bill currently in the Arizona Senate would improve upon Arizona's medical liability environment by raising the burden of proof to "clear and convincing evidence" to show medical malpractice. The measure, SB 1223 introduced by Sen. Carolyn Allen, is currently working its way through the legislative process. This bill would make Arizona's liability environment more equitable for those providing emergency services. It would also stop the loss of doctors and start to replenish Arizona's supply.

In 2006, Governor Napolitano assembled the Emergency Medical Services Access Task Force to study ways to increase the number of physicians providing emergency and trauma care. The task force made numerous recommendations, including increasing the burden of proof to "clear and convincing evidence" in civil medical liability cases filed against physicians providing mandatory, emergency care. The task force said, "This reform is necessary because emergency department patients present unique challenges that make physicians less willing to assume their care, yet preserves the right of emergency patients to receive compensation in the event of clear and convincing evidence of a malpractice event."

Meeting our emergency medical needs is an issue of critical importance not only to Arizona's economic health, but its physical health. Raising the burden of proof for emergency services will improve access to emergency care for all. It would be malpractice for Arizona to ignore this issue and not initiate reforms to make Arizona ERs more attractive to doctors.

Glenn Hamer is president and CEO of the Arizona Chamber of Commerce and Industry.