Liability and Health
Reform Update:
Medical Liability News
and Information
Editor, Donna Baver
Rovito
This periodic
compilation of news and information about health care reform relies on numerous
sources for the stories health care professionals and concerned citizens need to
be well informed. Periodic opinions or political comments are the editor's and
the editor's alone and appear in blue italics. This eNewsletter is not
affiliated with or financially supported by any advocacy organization or
political candidate or group.
To unsubscribe, just
click "reply" and put "Unsub" in the subject line.
~~~~~~~~~~~~~~~~~~
CONTENTS
1.
COMMENTARY
2.
Medical Malpractice By the Numbers
3.
Public Favors Malpractice Reform; Defense Costs by Specialty; Peer-Review
Protections; Malpractice Mega-Award - A
Surprising Consensus on Med-Mal Reform
4.
Redo medical liability system by Lee S. Gross, MD http://www2.tbo.com/news/opinion/2012/jul/19/naopino1-redo-medical-liability-system-ar-435277/?referer=http://www.facebook.com/?ref=tn_tnmn&shorturl=http://tbo.ly/LzfqWS
5.
Supreme Court Orders New Malpractice Trial Based On Expert Witness' Comments
About Health Care Costs http://www.courant.com/health/connecticut/hc-supreme-court-med-malpractice-0501-20120430,0,1586288.story
6.
Docs Win Most Malpractice Cases at Trial http://www.medpagetoday.com/PracticeManagement/Medicolegal/32692
7.
WHY WE (STILL) NEED MEDICAL LIABILITY REFORM
8.
BRAND NEW REASONS TO GET SUED
9.
LOSING DOCTORS AND ACCESS TO CARE
10.
IT'S A HOSPITAL PROBLEM, TOO
11. STATE
WORRIES
12.
PENNSYLVANIA
13.
MEDICAL LIABILITY REFORM WORKS (It REALLY does)
14.
GOOD IDEAS
15.
POLITICS
~~~~~~~~~~~~~~~~~~~~
1.
COMMENTARY
It’s been a while
since I sent out an Update focused solely on medical liability news and
information. There’s been a reason for
that which I’m sure you can figure out – with all the controversy over HEALTH
CARE REFORM, there’s been scant attention paid to medical liability reform in
the major media, so there simply hasn’t been enough information to justify an
edition focused entirely on medical liability.
I’ve been SAVING
stories, though, for about six months, so here they are. Surprisingly, once I pulled them all into a
single document, it turns out there are quite a few pieces that may be of
interest to those of us who know that there IS still a serious medical liability
crisis in our states and in the nation.
Sadly, despite
promises from the administration to the contrary, there is no provision for
substantive medical liability reform in PPACA, so, regardless of what happens with the
election and repeal efforts, medical liability will continue to be an issue for
doctors and patients.
I’m trying a slightly
different format in this edition. While
all of the items include a link to the original source, the first six pieces
feature a bit more information.
Additional stories are
grouped into nine different categories and feature just a title, brief
description and a link. This way, we’ve
cut down on the size of the newsletter and hopefully made it easier to read and
to focus on the pieces you really want to read.
Since there’s an
election in slightly more than 50 days, we should all be asking candidates where
they stand on health care issues – if you don’t KNOW where you candidate
for state or federal office stands on medical liability reform, you need to FIND
OUT before you cast a ballot.
I’m in the process of
preparing a voter guide for health care professionals for US House and Senate
candidates. The guide will focus on
where candidates stand on health care issues and will include things like their
level of support from physician advocacy and specialty groups and where they
stand on the PPACA. I’ll send it out
once it’s completed. And if anyone
reading this has information about a House or Senate candidate he or she would
like to share, please email me at LiabilityNEWS@aol.com.
Speaking of ballots –
you ARE all registered to vote,
right?
And if there’s a
chance that you WON’T make it to the polls because you get distracted by saving
someone’s life or something like that, you’re planning to request an absentee
ballot, right?
If you don’t know how
to do that in your area, just “google” the name of your state and “absentee
ballot” and the first link that pops up will likely be your state’s voter
registration page. It’s not a bad idea
to fill one out JUST IN CASE.
Don’t take a chance
that your voice won’t be heard on November 6th – this election is
important for lots of reasons, but one of the MOST important is that what
happens on November 6th WILL IMPACT America’s health for generations
to come.
And if you think YOUR
VOICE doesn’t impact the election, think again.
Here’s a list of simple things health care professionals and concerned
citizens can do to impact this election:
- Talk to
friends, family, patients, colleagues, etc.
- Put signs and
literature in your office or wear a campaign pin – or leave information in your
medical staff office, lunchroom, or other site.
- Provide a
quote about why you support a particular candidate for that candidate’s campaign
to use.
- Write a letter
to the editor, by yourself, or with some colleagues. People actually WANT TO KNOW what their
doctors and neighbors think.
- Host a press
conference in your office, or go to a campaign event in your white coat or
scrubs or other health-related uniform.
- Donate to a
candidate you support. It doesn’t need
to be a lot. (Although $200 is the
“magic” number at which you need to identify your profession, etc., and which
gets you onto most candidates’ “preferred donor” list.)
- Sign a joint
letter of support with several colleagues and send it to everyone you know – or,
buy ad space in your local paper and publish the letter the day before the
election.
- Blog,
Facebook, Tweet or reach out on other social media about the candidate(s) you
support.
- When you see
something negative about a candidate you support in an online news article,
refute it in the Comment section – and if you’re a medical professional, make
sure to state that.
- Contact the
local campaign office for a candidate you support and volunteer to make phone
calls or walk door to door in white coats, etc.
You’d be amazed at the impact this has.
Many people vote for a candidate simply because that candidate (or a
surrogate for that candidate) is the only one who personally ASKED. And many candidates have websites set up to
allow you to make calls at your leisure from your home.
- Send a
postcard in support of your candidate to everyone on your holiday card
list.
- Send an email
about who you support and why to everyone on your email list.
- Contact ME if you’d like to get involved with Gov. Romney’s campaign.
If everyone reading
this newsletter does two or three of the above items, we’ll have a HUGE impact
on the election results on November 6th.
So….PLEASE…..get
involved. Your health depends on
it.
And THANK
YOU.
Sincerely,
Donna Baver
Rovito
Editor, Liability and
Health Reform Update
~~~~~~~~~~~~~~~~~~~~
From MD
News
2. Medical Malpractice
By the Numbers
In 2010, nearly 10,000 medical malpractice claims were filed totaling more than $3.3 billion. Discover the study that reveals which physician specialists are most likely to experience a malpractice suit by age 65, plus the states with the most and least petitions
According to the Kaiser Family Foundation, there were 9,894 medical malpractice claims in the
The study, conducted by an internal medicine physician practicing at Massachusetts General Hospital and a group of teaching and consulting economists from the Harvard Kennedy School of Government, the University of Southern California and the RAND Corporation, surveyed malpractice data of 40,916 physicians, all of whom were insured by a national liability firm, over a 14-year period between 1991 and 2005. The investigators discovered a clear delineation between 25 specialties examined based on those experiencing the highest rate of claims annually, including:
- 19.1% of
neurosurgeons
- 18.9% of
thoracic-cardiovascular surgeons
- 15.3% of
general surgeons
Those specialties
experiencing the lowest rate of claims annually,
including:
- 2.6% of
psychiatrists
- 3.1% of
pediatricians
- 5.2% of family
medicine physicians
As an overall risk
level evaluation, the study estimated that 75% of physicians practicing in the
lesser-impacted specialities would be challenged by a malpractice claim by age
65, while 99% of physicians practicing in the higher-impacted specialities would
have a claim brought against them by the same age.
Measuring the Dollar
Effect
Despite the high
percentages of physicians experiencing malpractice claims, the study found that
only 1.6% resulted in payment. Though the dollar amount for each specialty
varied, investigators gathered a comprehensive picture of the payments over the
last two decades, including:
- Mean
recompense equaled $274,887
- Median
recompense equaled $111,749
- Low-end mean
payment equaled $117,832 in dermatology
- High-end mean
payment equaled $520,923 in pediatrics
MD
News April 2012
~~~~~~~~~~~~~~~~~~~~
3. Public Favors
Malpractice Reform; Defense Costs by Specialty; Peer-Review Protections;
Malpractice Mega-Award
A Surprising Consensus
on Med-Mal Reform
Wayne J. Guglielmo,
MA: 06/07/2012
The debate over malpractice reform is almost always politically charged, at least when politicians are doing the debating. But a recent poll, conducted on behalf of Common Good, a nonpartisan government-reform coalition, indicates that voters themselves may be far less divided on the issue compared with their elected leaders.
According to a May 29 report on the poll, conducted by Clarus Research on behalf of Common Good, a significant 66% of voters favor "taking medical claims out of the current legal system and putting them into new health courts with expert judges," something that Common Good has made the cornerstone of its campaign to revamp the nation's medical liability system.[1]
Public support for the special health courts cuts across the political spectrum. Sixty-eight percent of voters identifying themselves as Republicans and 67% of those calling themselves Democrats like the idea, while support among self-identified independents was only slightly lower, at 61%.
More: http://www.medscape.com/viewarticle/765226?src=nl_topic
~~~~~~~~~~~~~~~~~~~~
4. Redo medical liability system by Lee S. Gross, MD
http://www2.tbo.com/news/opinion/2012/jul/19/naopino1-redo-medical-liability-system-ar-435277/?referer=http://www.facebook.com/?ref=tn_tnmn&shorturl=http://tbo.ly/LzfqWS
By TBO.COM | Staff Published:
The medical malpractice tort system in the
However, the Charlotte County Medical Society sees hope within reach thanks to a nonprofit organization — Patients for Fair Compensation.
PFC is proposing a "Patients' Compensation System" that will increase patient safety, as well as provide fair compensation and real access to justice for injured patients. By replacing the current medical liability system with one legally modeled after the workers' compensation system, not only will all three objectives be met, but it will help temper skyrocketing health care costs.
This is a unique solution. This is not tort reform or malpractice caps. This is truly a pioneering, equitable and efficient model for handling medical liability,; one that will work for patients, physicians and our economy. Traditional tort reform solutions do not lower health care costs because as long as doctors feel they could be the potential target of a frivolous lawsuit and at risk of losing an entire career's life savings, they will keep practicing defensive medicine.
More: http://www2.tbo.com/news/opinion/2012/jul/19/naopino1-redo-medical-liability-system-ar-435277/?referer=http://www.facebook.com/?ref=tn_tnmn&shorturl=http://tbo.ly/LzfqWS
Lee S. Gross, M.D., is
treasurer of the Charlotte
County Florida
~~~~~~~~~~~~~~~~~~~~
5. Supreme Court Orders New Malpractice Trial Based On Expert Witness' Comments About Health Care Costs
The
The state Supreme Court ordered a new trial Monday in a medical malpractice case because an expert surgical witness told the jury during the first trial that such suits drive up health care costs by forcing doctors to practice defensive medicine. ((This is fairly scary. I personally know of a case in which a mistrial was declared because a surgeon’s WIFE had a letter to the editor published in a local paper about the same things. I think that ir a jury is to be trusted to determine negligence or standard of care, its members are probably smart enough to hear the truth about how the current system affects care.))
More: http://www.courant.com/health/connecticut/hc-supreme-court-med-malpractice-0501-20120430,0,1586288.story
~~~~~~~~~~~~~~~~~~~~
6. Docs Win Most
Malpractice Cases at Trial
By John Gever, Senior
Editor, MedPage Today
Plaintiffs hardly ever
win medical malpractice cases that go all the way to a jury verdict, and only
4.5% of claims filed ever go that far, researchers said.
Of those that do get to a jury, 79.6% of the verdicts favor the physician, a team led by Anupam Jena, MD, PhD, of
Their analysis of more than 10,000 closed malpractice claims from around the U.S. indicated that, overall, 54.1% of those ending up in court were dismissed and the remainder were settled, they reported online in a research letter in the Archives of Internal Medicine. ((Of course, ALL of these cases generate defense costs, lost time, and higher malpractice premiums for the doctors who are falsely accused.))
More: http://www.medpagetoday.com/PracticeManagement/Medicolegal/32692
~~~~~~~~~~~~~~~~~~~~
SHORTS…….
7. WHY WE (STILL) NEED MEDICAL LIABILITY REFORM
((And don’t let ANYONE convince you that the “malpractice crisis” is over. It’s just quieter, but you all know how much higher your premiums are than they were a decade ago.))
Medical liability
defense costs skyrocket
AMEDNews
The average cost of
defending a physician against a medical liability claim rose 63% to more than
$47,000 from 2001 to 2010, according to a
December report from the American Medical Association. That rise came despite the fact that nearly two-thirds
of all claims against physicians were dropped, withdrawn or dismissed.
Looking Forward To An Improved Health Care
System
Health Affairs (blog)
There are also flaws in the system that pre-dated the health reform law and still have to be dealt with, such as the failed medical liability system and broken Medicare physician payment formula. Medical liability. Our medical liability system fails ...
Health Affairs (blog)
There are also flaws in the system that pre-dated the health reform law and still have to be dealt with, such as the failed medical liability system and broken Medicare physician payment formula. Medical liability. Our medical liability system fails ...
J. James Rowsey: Florida's broken medical liability
system
Gainesville Sun
As a physician who has traveled the country speaking to my peers, I can tell you that doctors want to provide better patient care but are hindered by our inefficient system that drives a wedge between physicians and patients and leads to increasing ..
Gainesville Sun
As a physician who has traveled the country speaking to my peers, I can tell you that doctors want to provide better patient care but are hindered by our inefficient system that drives a wedge between physicians and patients and leads to increasing ..
Medical malpractice lawsuits cost city $134 million,
range from babies crushed ...
New York Daily News
THE CITY HAS doled out $134 million this year for medical mishaps at its 11 public hospitals, some during child birth and others resulting in permanent disabilities. And taxpayers are picking up the tab — more than half a billion dollars in the last ...
New York Daily News
THE CITY HAS doled out $134 million this year for medical mishaps at its 11 public hospitals, some during child birth and others resulting in permanent disabilities. And taxpayers are picking up the tab — more than half a billion dollars in the last ...
More: http://articles.nydailynews.com/2012-08-27/news/33406761_1_brain-hemorrhage-heart-rate-medical-bills
Does medical malpractice liability lead to better quality
health care?
Point of Law((One word answer – NO.)) Proponents of extensive medical malpractice liability often suggest that such liability deters doctors from practicing bad medicine. The argument goes as follows: The greater the chance doctors will be held responsible for their negligent actions, the more ...
Point of Law((One word answer – NO.)) Proponents of extensive medical malpractice liability often suggest that such liability deters doctors from practicing bad medicine. The argument goes as follows: The greater the chance doctors will be held responsible for their negligent actions, the more ...
Staten Island cosmetic surgeon Robert Cattani loses medical license after slew ...
New York Daily NewsALBANY Staten
Island with a history of
malpractice cases filed against him by butchered patients was stripped of
his medical license this week. In revoking Dr. Robert Cattani's license,
the state Health Department declared ... ((Proof
that the current system fails – what took so long to get the knife out of this
guy’s hands?))
New York Daily News
Medical Malpractice Study Reveals that Pathologists Are
at Greater Risk than ...
DARKDaily.com - Laboratory News
For the year 2011, payments for medical malpractice premiums totaled $31 billion, according to a recent study published by the JAMA Network's Archives of Internal Medicine. Researchers involved in the study also determined that, compared to other ...
DARKDaily.com - Laboratory News
For the year 2011, payments for medical malpractice premiums totaled $31 billion, according to a recent study published by the JAMA Network's Archives of Internal Medicine. Researchers involved in the study also determined that, compared to other ...
Malpractice awards should be
capped
Baltimore Sun
The recent article about the large amount of settlements in malpractice claims reveals the inequities in the medical system and how the trial lawyers continue to be getting favorable treatment while the actual delivery of medical care is controlled ("Doctors, ...
Baltimore Sun
The recent article about the large amount of settlements in malpractice claims reveals the inequities in the medical system and how the trial lawyers continue to be getting favorable treatment while the actual delivery of medical care is controlled ("Doctors, ...
More: http://www.baltimoresun.com/news/opinion/readersrespond/bs-ed-olney-letter-20120807,0,4117343.story
What's Really Driving Health Care Costs Up & Limiting
Access to Health CareLegal
Examiner
A terrific story in the Wall Street Journal and Congressional testimony by a Republican Lt. Governor depict why health care costs are still soaring and how to bend the curve. And a new... More: http://www.legalexaminer.com/medical-malpractice/whats-really-driving-health-care-costs-up-limiting-access-to-health-care.aspx?googleid=302702
A terrific story in the Wall Street Journal and Congressional testimony by a Republican Lt. Governor depict why health care costs are still soaring and how to bend the curve. And a new... More: http://www.legalexaminer.com/medical-malpractice/whats-really-driving-health-care-costs-up-limiting-access-to-health-care.aspx?googleid=302702
Practicing Medicine in
a Litigious World: Coping with Medical Legal Stress
|
May 15,
2012
A Google search for
"Medical Malpractice Lawyers" yielded 21,600 results. The search took 0.24
seconds. Phone books, radio and television advertisements all offer lawyers
ready to represent people injured by "medical negligence." While some may argue
that the pace of suits against physicians is slowing, many healthcare providers
feel like a target for the plaintiff's bar. J. Deane
Waldman ,
MD University of
Chicago
Frivolous Medical
Malpractice Suits: No Harm Done?
Medical liability
reform expert, Donna Rovito of the Lehigh Valley Coalition for Health Care
Reform, speaks out about the enormous harm done to both patients and physicians
by frivolous medical malpractice claims. She also addresses possible solutions
to cut the financial waste and loss of patient access caused by this crisis. The
current system benefits no one except the attorneys explains Ms. Rovito. ((I love it – they
called me an “expert!”))
Most Physicians Will
Face Malpractice Claim by Age 65
New Study Finds 91% of
Physicians Practice Defensive Medicine
CBO Report Raises
Estimate of Savings From Medical Malpractice Reform
The CBO estimate of
tort reform's potential to reduce the deficit is roughly 10 times greater than what it
projected last December (a reduction of $54 billion instead of $5.6
billion). At that time, the agency said that evidence about the extent
of defensive medicine — and how tort reform could reduce it — was murky.
However, more recent research suggests that "lowering the cost of medical
malpractice tends to reduce the use of health care services," according to the
latest CBO report. ((No kidding. Of course, one has to wonder about an
estimate that was wrong by a factor of TEN in the first place.))
Why Defensive Medicine
Won't Go Away...and Might Become Worse
Ilene R. Brenner,
MD
It comes down to
acceptable risk. When a physician examines a patient with a head injury and
clinically clears that person without doing a CT scan, that physician is
practicing good medicine. However, if
one of those patients has an epidural hematoma and dies there is a high
likelihood of a lawsuit, especially if that patient asked for a scan and
you refused. Although that physician might win the case if the jury can
be convinced of the veracity of a clinical rule-out, that was still years of
stress and anxiety for the physician.
Surgical Malpractice
Claims Drop, But Pay-Outs Increase
Surgical malpractice
payments are decreasing in number, but payment amounts are increasing,
according to an analysis of national malpractice trends reported here at the
American
College University of
California San
Diego
~~~~~~~~~~~~~~~~~~~~
8. BRAND NEW
REASONS TO GET SUED
((Like there weren’t
enough OLD reasons to get sued, right?
But if there’s on thing upon which we can rely, personal injury lawyers
will make up for lost revenues from tort reform by coming up with NEW ways to
make money off of America’s doctors and hospitals.))
Chilling New Ways
Patients Are Suing Doctors
Medscape Business of Medicine Anthony Francis,
MD, JD
Just when you think
doctors have enough to worry about with malpractice lawsuits, plaintiff
attorneys are becoming more aggressive with new traps. Malpractice tort law is a
matter of "drawing lines" concerning a doctor's duty and the foreseeability of
outcomes -- in other words, rules concerning liability are arbitrary. These new
trends have the potential to redraw the lines and negate some of the benefits
tort reform has brought to physicians. Several novel approaches for bringing
suit diverge from standard medical malpractice cases. Plaintiff attorneys have
attempted to expand tort law to successfully sue physicians, such as "loss of chance," failure to medically
monitor, and civil rights violations. ((As a matter of risk
avoidance, all physicians need to be aware of these new categories of potential
suits.))
Arizona State to research legal side
of genetics in health care
The National Law Journal
Now, the school has been tapped to research what if any liability attaches to "personalized medicine" — using someone's genetic profile to tailor medical treatments. The National Institutes of Health's National Human Genome Research Institute has ...
The National Law Journal
Now, the school has been tapped to research what if any liability attaches to "personalized medicine" — using someone's genetic profile to tailor medical treatments. The National Institutes of Health's National Human Genome Research Institute has ...
Cerebral Palsy Can Be Caused By Malpractice During
BirthInjury
Lawyer News
If the birth injury was due to medical malpractice or negligence on the part of the obstetrician delivering the baby, the parents may be eligible for a lawsuit, which can help them get financial compensation for their child's pain and suffering and ...
If the birth injury was due to medical malpractice or negligence on the part of the obstetrician delivering the baby, the parents may be eligible for a lawsuit, which can help them get financial compensation for their child's pain and suffering and ...
((This isn’t a NEW
category, since it’s the once pioneered by John Edwards – but it amazes me that
even though c-sections have increased in America from 5 to around 30% of births
in response to physicians switching to c-section at the first sign of fetal
distress, the incidence of cerebral palsy has not decreased by A SINGLE
PERCENTAGE POINT. That, of course,
doesn’t stop the personal injury lawyers from advertising on late night TV…
))
More: http://injurylawyer-news.com/2012/08/cerebral-palsy-can-be-caused-by-malpractice-during-birth/
Health reform to fuel 'tsunami' of new medical
malpractice suits
IFAwebnews.com
The number of medical malpractice suits is expected to increase “sharply” once the 20 million to 40 million uninsured Americans gain coverage through federal health reform, starting in 2014, lawyers say. ((Ah…..a whole NEW crop of suits from a whole NEW crop of patients. LOVELY. This is purely anecdotal, but I’ve been told that patients with Medicaid are far more likely to sue than those with commercial insurance or Medicare. That might be related to the overall poorer outcomes experienced by Medicaid recipients – which are likely at least partially attributable to lifestyle or lack of compliance. Has anyone else experienced that? ))
IFAwebnews.com
The number of medical malpractice suits is expected to increase “sharply” once the 20 million to 40 million uninsured Americans gain coverage through federal health reform, starting in 2014, lawyers say. ((Ah…..a whole NEW crop of suits from a whole NEW crop of patients. LOVELY. This is purely anecdotal, but I’ve been told that patients with Medicaid are far more likely to sue than those with commercial insurance or Medicare. That might be related to the overall poorer outcomes experienced by Medicaid recipients – which are likely at least partially attributable to lifestyle or lack of compliance. Has anyone else experienced that? ))
More: http://ifawebnews.com/2012/07/13/health-reform-to-fuel-tsunami-of-new-medical-malpractice-suits/
Trial Lawyer Expects Medical Malpractice Claims to
Increase Under ...(CNSNews.com) - A New
York-based law firm predicts that Obamacare will increase the number of medical
malpractice claims, as physicians are flooded with ... ((Another good point
here – as doctors are forced to see more patients and hospitals to deal with
them, the sheer volume may contribute to system errors that could lead to malpractice suits. And we also know that overburdened health
care professionals are likely to make more genuine mistakes. Further, since
there are no provisions in PPACA to increase the number of physicians to take
care of all the newly insured patients, there will be more non-physician providers
doing things doctors used to do, forcing the physicians who supervise them to
bear the liability for errors.))
Medical Malpractice - New Malpractice Twist: Civil Rights
ClaimsOutpatientSurgery.net
In most malpractice lawsuits, an expert medical witness must demonstrate that some sort of medical negligence contributed to an adverse outcome. That is slowly changing, however, as several states have applied their civil rights laws to medical ... ((This is just ridiculous But cases will be filed and doctors will be forced to defend themselves..))
In most malpractice lawsuits, an expert medical witness must demonstrate that some sort of medical negligence contributed to an adverse outcome. That is slowly changing, however, as several states have applied their civil rights laws to medical ... ((This is just ridiculous But cases will be filed and doctors will be forced to defend themselves..))
Malpractice Risks Rise
With New Pressure on Doctors to Undertreat
Lee J. Johnson, Esq.;
Frank J. Weinstock, MD
Doctors are stuck
between a rock and a hard place. Overtreatment may be bad for healthcare costs,
but doctors sometimes feel pressured to go too far in the other direction.
Managed care organizations (MCOs), accountable care organizations (ACOs), and
other new payment forms designed to lower costs often exert pressure on doctors
to avoid various tests and procedures. The government, hospital, or insurance
company may scrutinize the physician's records, and many of them may exert "pressure" to do
less costly testing and fewer treatments and procedures. However, the physician
faces a liability risk if he misses a diagnosis. ((And this will occur
even MORE often as PPACA attempts to reduce health care costs. But it isn’t the supporters of ObamaCare, or
the insurance companies, or the federal government which will be sued for
malpractice – it’s the DOCTORS.))
Gotcha! When Malpractice
Plaintiffs Fake or Exaggerate Injuries
Mark E.
Crane
In malpractice cases,
it's almost expected that plaintiffs will "gild the lily" by exaggerating their
disabilities. However, even the most
egregious examples of fraud generally go unpunished -- unlike the case
mentioned. In many cases, searching through public records and databases can
turn up phony claims without the expense and uncertainty of video surveillance.
A check of motor vehicle records showed that one plaintiff had several speeding
tickets issued 90 miles from the home he claimed he couldn't leave because of
his "injury." ((Due diligence on
whether a plaintiff is faking should occur as part of defense preparation in
every case.))
~~~~~~~~~~~~~~~~~~~~
9. LOSING DOCTORS AND
ACCESS TO CARE
ACOG - Medical
Liability Climate Hurts Patients and Ob-Gyns
Washington ,
DC US
Women and Ob-Gyns Need
Reliable Medical Justice
By
Our View: Doctor shortage is the real health care
challenge
Norwich Bulletin
Another factor is the cost of medical malpractice insurance —Connecticut
Norwich Bulletin
Another factor is the cost of medical malpractice insurance —
Doctors, hospitals concerned about hefty malpractice
awards
Baltimore Sun (blog)
In June, a jury handed down one of the largest medical malpractice verdicts in state history, awarding $55 million to aBaltimore Johns
Hopkins
Hospital
Baltimore Sun (blog)
In June, a jury handed down one of the largest medical malpractice verdicts in state history, awarding $55 million to a
How states are keeping
doctors from moving out
In the face of
physician shortages, they are focusing efforts on keeping medical students and
residents within state boundaries.
By Carolyne Krupa, amednews staff
Widespread concerns
about physician shortages have many states working to keep doctors trained in
medical schools and residency programs there from crossing state lines to
practice medicine. Nationwide, there were 258.7 active physicians per 100,000
people in 2010, according to new statistics from the Assn. of American Medical
Colleges. In individual states, ratios range from a high of 415.5 physicians per
100,000 people in Massachusetts Mississippi U.S. AAMC
Center Pennsylvania
~~~~~~~~~~~~~~~~~~~~
10. IT'S A HOSPITAL
PROBLEM, TOO
Beware US Hospitals without Medical Malpractice
Insurance
Equities.com
All hospitals run the potential risk of making errors with their patients, which is why medical malpractice insurance is considered a standard in the industry. But the current state of the economy has led some hospitals in theU.S. Seattle
Equities.com
All hospitals run the potential risk of making errors with their patients, which is why medical malpractice insurance is considered a standard in the industry. But the current state of the economy has led some hospitals in the
Troubled New York Hospitals Forgo Coverage for
Malpractice
New York Times
Many commercial insurance companies pulled out of New York years ago because “this is a very litigious state, high severity and high frequency,” said Edward J. Amsler, vice president of Medical Liability Mutual Insurance Company, which is owned by its ...
New York Times
Many commercial insurance companies pulled out of New York years ago because “this is a very litigious state, high severity and high frequency,” said Edward J. Amsler, vice president of Medical Liability Mutual Insurance Company, which is owned by its ...
Jury Awards $78 Million in Medical Malpractice Case
against Hospital
Legal Examiner
Hypoxic ischemic encephalopathy is a condition caused by the brain being denied oxygen and/or blood, which are vital to its function. This deprivation can cause permanent damage leading to... More: http://norfolk.legalexaminer.com/medical-malpractice/jury-awards-78-million-in-medical-malpractice-case-against-hospital.aspx?googleid=302658
Legal Examiner
Hypoxic ischemic encephalopathy is a condition caused by the brain being denied oxygen and/or blood, which are vital to its function. This deprivation can cause permanent damage leading to... More: http://norfolk.legalexaminer.com/medical-malpractice/jury-awards-78-million-in-medical-malpractice-case-against-hospital.aspx?googleid=302658
~~~~~~~~~~~~~~~~~~~~
Missouri State Court Strikes Down Malpractice
Cap
Renal and Urology News
The court held that when the Missouri Constitution was enacted in 1820, residents of the state had a common law right to seek damages for medical malpractice claims. “Any limit on damages that restricts the jury's fact-finding role violates the ... ((This is a concern in many states which have passed significant liability reforms. The trial bar is always fighting to take those reforms BACK.))
Renal and Urology News
The court held that when the Missouri Constitution was enacted in 1820, residents of the state had a common law right to seek damages for medical malpractice claims. “Any limit on damages that restricts the jury's fact-finding role violates the ... ((This is a concern in many states which have passed significant liability reforms. The trial bar is always fighting to take those reforms BACK.))
More: http://www.renalandurologynews.com/missouri-state-court-strikes-down-malpractice-cap/article/255127/
Six States Account for
Over 50% of Malpractice Payouts
Renal and Urology
News
Diederich Healthcare,
a medical malpractice insurance company,
recently released an analysis of medical malpractice payments made in 2011, as
recorded by the National Practitioner Data Bank. By far, the state with the
highest malpractice payout was New
York Pennsylvania Illinois New
Jersey Florida California South
Dakota Vermont Wyoming North
Dakota Alaska
Medical malpractice insurance premiums to rise in
Missouri
Live Insurance News
Medical malpractice insurance premiums are expected to shoot up inMissouri Missouri
Live Insurance News
Medical malpractice insurance premiums are expected to shoot up in
More: http://www.liveinsurancenews.com/medical-malpractice-insurance-premiums-to-rise-in-missouri/8514471/
States fear courts will overturn malpractice
caps
FierceHealthcare
... noneconomic damages and $3.4 million for future medical expenses after filing suit against Lester E. Cox Medical Centers, part of CoxHealth, and its physicians, alleging their negligence led to her son's disabilities at birth, American Medical News ...
FierceHealthcare
... noneconomic damages and $3.4 million for future medical expenses after filing suit against Lester E. Cox Medical Centers, part of CoxHealth, and its physicians, alleging their negligence led to her son's disabilities at birth, American Medical News ...
More: http://www.fiercehealthcare.com/story/states-fear-courts-will-overturn-malpractice-caps/2012-08-13
~~~~~~~~~~~~~~~~~~~~
12.
PENNSYLVANIA
Medical Malpractice Binding ADR Agreement Invalidated By
Pennsylvania Trial ...
Legal Examiner
The Legal Intelligencer is reporting today about aPhiladelphia
Legal Examiner
The Legal Intelligencer is reporting today about a
PoliticsPA
Despite a recent win
for tort reform advocates, a new survey from the
U.S. Pennsylvania
Justices to Mull Statute of Limitations in Med Mal Cases
- The Legal ...
... Supreme Court has agreed to hear arguments on whether, in light of the certificate of merit requirement, the statute of limitations in a medical malpractice case ...
... Supreme Court has agreed to hear arguments on whether, in light of the certificate of merit requirement, the statute of limitations in a medical malpractice case ...
New law requires
dentists to carry malpractice insurance - Measure unanimously passed by state
House and Senate
Reading
Eagle
About 18 months after
a series in the Reading Eagle exposed the fact that dentists in
Pennsylvania
~~~~~~~~~~~~~~~~~~~~
13. MEDICAL LIABILITY REFORM WORKS (It REALLY
does)
The Healthy Benefits of Texas Medical Liability Reform ...
Nine years ago this week,Texas
Nine years ago this week,
More: http://healthcare.dmagazine.com/2012/09/11/the-healthy-benefits-of-texas-medical-liability-reform/
Tennessee Tort Reform Decreases Frivolous Medical
Malpractice ...
Most Recent Legislation Caps Damages While the threat of a medical malpractice lawsuit is ever-present, providers breathe a little easier these days in ...
Most Recent Legislation Caps Damages While the threat of a medical malpractice lawsuit is ever-present, providers breathe a little easier these days in ...
~~~~~~~~~~~~~~~~~~~~~~~~~~
14. GOOD IDEAS
Massachusetts Enacts New Malpractice
Program
Renal and Urology News
Among other provisions, the new law requires physicians who make medical errors while treating patients to disclose the mistakes and enable physicians to apologize to patients without such apologies being used as an admission of liability against them. ((We’re trying to get that passed in PA – the House supported it overwhelmingly 171-27, but the chair of the Senate Judiciary Committee, a Republican with strong ties to the trial bar, has held it up in committee.))
Renal and Urology News
Among other provisions, the new law requires physicians who make medical errors while treating patients to disclose the mistakes and enable physicians to apologize to patients without such apologies being used as an admission of liability against them. ((We’re trying to get that passed in PA – the House supported it overwhelmingly 171-27, but the chair of the Senate Judiciary Committee, a Republican with strong ties to the trial bar, has held it up in committee.))
More: http://www.renalandurologynews.com/massachusetts-enacts-new-malpractice-program/article/255129/
Jury is out on malpractice
reforms
Boston Business JournalBoston Massachusetts
Boston Business Journal
More: http://www.bizjournals.com/boston/print-edition/2012/08/17/jury-is-out-on-malpractice-reforms.html
Disclosure Approach Could Limit Malpractice
Claims
The Lund Report
As a result, medical malpractice claims have decreased from 53 to 31 per year, while the average cost per lawsuit has dropped from over $400000 to around $228000, and the time to resolution has gone from 20 to 8 months. Physicians are very satisfied ...
The Lund Report
As a result, medical malpractice claims have decreased from 53 to 31 per year, while the average cost per lawsuit has dropped from over $400000 to around $228000, and the time to resolution has gone from 20 to 8 months. Physicians are very satisfied ...
Seven Core Principles Could Save Costs, Improve Care,
Reform Medicare ...Pharmaceutical
Processing
The AAFP also addressed medical liability reform in the white paper, and noted that the current medical liability system fails patients and physicians both. "It is needlessly subjective and shamelessly costly," said the Academy. "About half of the ...
The AAFP also addressed medical liability reform in the white paper, and noted that the current medical liability system fails patients and physicians both. "It is needlessly subjective and shamelessly costly," said the Academy. "About half of the ...
Georgia Doctors Endorse Plan to Replace Medical
Malpractice SystemDigitalJournal.com
(press release)
Georgia doctors, hungry for new solutions to bring down the cost of healthcare, overwhelmingly endorse a proposal by Patients for Fair Compensation to replace the state's medical liability system with one patterned ...
Georgia doctors, hungry for new solutions to bring down the cost of healthcare, overwhelmingly endorse a proposal by Patients for Fair Compensation to replace the state's medical liability system with one patterned ...
Patients, docs win — and lawyers
lose
New York Post
Look northeast, docs: Late last month, over a veto from Democratic Gov. John Lynch, New Hampshire lawmakers enacted an “early offer” system for medical-malpractice claims that could become a national….
New York Post
Look northeast, docs: Late last month, over a veto from Democratic Gov. John Lynch, New Hampshire lawmakers enacted an “early offer” system for medical-malpractice claims that could become a national….
Defending Yourself
Against Pain and Suffering Lawsuits
Medscape
"Five different juries
hearing the same case can come up with 5 different verdicts," says Thomas J.
Hurney, Jr., a malpractice defense attorney with the Jackson Kelly law firm in
Charleston ,
West
Virginia Metairie ,
Louisiana
Malpractice: An
Effective Ray of Hope for Doctors
Between lawsuits and
high premiums, the malpractice climate seems like gloom and doom. One effort to
improve the situation, which is having moderate success, has been to raise the bar for expert
witnesses. In some states, legislators have been making it increasingly
difficult for someone to qualify as an expert witness who can testify in medical
malpractice cases. These new laws are more rigorous in regard to required
credentials and expertise.
Medical Malpractice
Reform Envisions $40 Billion in Savings for Floridians
Sen. Alan Hays,
R-Umatilla, and Rep. Jimmy Patronis, R-Panama
City Florida
~~~~~~~~~~~~~~~~~~~~
15. POLITICS
Can Congress Pass
Federal Tort Reform?
Eli Y. Adashi, MD;
Congressman Phil Gingrey, MD
Gingrey: The real cost
driver is not the price of a malpractice insurance premium to the individual
physician -- sure, that might cause that doctor to limit his practice somewhat
with respect to high-risk patients or affect his or her willingness to practice
in a state where there are a lot of frivolous lawsuits. The real cost to the healthcare system
-- to Medicare and Medicaid and these other programs that we have mentioned --
is the very expensive testing, particularly imaging procedures. That's
why I feel optimistic this time, more optimistic than I ever have in the past,
so hope definitely springs eternal and I think this might be the year."
Business
Insurance
The Republican Party is committed to “aggressively pursuing tort reform” as a means to hold down health care costs, according to the platform adopted at the party's convention inTampa
The Republican Party is committed to “aggressively pursuing tort reform” as a means to hold down health care costs, according to the platform adopted at the party's convention in
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