My Medical Malpractice Insurance

September 2, 2010

Cincinnati Bengals criticized for medical handling of Rashad Jeanty, could result in a med-mal case

Side note: Even the NFL is not immune to the threat of medical malpractice. Recently linebacker Rashad Jeanty was cut by the Cincinnati Bengals because he was not able to pass his physical. Jeanty’s agent claims that the reason his player is unable to pass his physical is do to a lingering condition stemming from a misdiagnosis of an injury sustained in last years play-off game. He claims that the injury has greatly diminished Jeantry’s value as a free agent and that a medical malpractice lawsuit against the Bengals is not out of the question. Of course we at the nation’s top med-mal insurance site for physicians does not know the details of this case…..but we do know that we live in an extreme litigious climate, and since jury’s have a tendency to vote out of emotion rather then fact (personal experience on being on a medical malpractice insurance case years before I joined this company), lawyers have a tendency to want to try these types of cases more then others. A few of us on the jury did agree that if there were strict penalties for lawyers who tried frivolous cases, then not only would our courts be freed up to deal with more important cases, but that would also lead to lower medical malpractice insurance costs, which would then lead to lower percentages of physicians practicing defensive medicine….which would then lead to lower healthcare costs. I know that’s a mouthful…..but during deliberation, we spoke about how easy the fix seems to be. Unfortunately, our government moves at a snail’s pace, and nothing ever seems to get accomplished. If you are looking to lower your costs during these economic times, get a free medical malpractice insurance quote for us, we not only will save you money, but we’ll show you what a knowledgeable agent can do for you.

Posted by Gregg Rosenthal
It’s been a rough week for the Bengals medical staff.

One day after the team had to admit a very expensive mistake with Antonio Bryant, the agent for deposed linebacker Rashad Jeanty sharply criticized how the team handled his client this off-season.

Jeanty fractured his fibula in the playoffs last year, and the team initially told him he didn’t need surgery. When Jeanty visited Miami as a restricted free agent, the Dolphins told him he would need major surgery on his ankle to stabilize his leg, according to Joe Reedy of the Cincinnati Enquirer.

The Dolphins lost interest, and Jeanty underwent the surgery shortly thereafter. On Monday, the Bengals waived Jeanty for failing a physical.

“It’s tremendously disappointing on the way this has been handled,” his agent David Canter told Reedy. “We don’t see how the Cincinnati Bengals can do this without any inclination that this was even a possibility.

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L.A. County supervisors want to see doctors’ peer review documents from hospitals

side note: Los Angeles County supervisors are requesting to see confidential medical records to determine if county doctors are performing up to acceptable standards. The request comes after a string of high-profile medical malpractice lawsuits cost L.A. county millions of dollars.
This move, by the L.A. county supervisors, has doctors and health care workers up in arms. The reports, in question, are meant to be confidential and are used by hospital administrations to evaluate the performance of staff doctors. Doctors fear that if these records become public it will create a precedence that will cause doctors to stop reporting mistakes out of fear of being named in medical malpractice lawsuits. The medical community believes that this failure to admit wrong-doing will actually cause the number of medical malpractice cases to increase. Visit mymedicalmalpracticeinsurance.com to see how the rash of medical malpractice lawsuits has affected the medical malpractice insurance rates in California. We think that all doctors in the state of California should request a free, no obligation quote from MyMedicalMalpracticeInsurance.com. We have access to every insurer so we can get you quotes for everyone…….the more insurance companies competing for your business, the lower the cost for you. Learn why we have become the number one website for physicians and doctors looking to lower the cost of their medical malpractice insurance.

By Molly Hennessy-Fiske
Los Angeles Times
They cite patient safety and malpractice claims. Hospital administrators are opposed.

In a fight that could have wide-ranging implications, Los Angeles County supervisors are pushing to see confidential medical records used by county doctors to evaluate their peers to determine whether they have met accepted standards of care, saying they need the information to ensure patient safety and justify settling malpractice claims against the county.

Access to such information emerged as an issue earlier this year after concerns were raised about peer review at Olive View- UCLA Medical Center. An anonymous letter to state regulators alleged that among other problems at the county hospital’s neonatal intensive care unit, doctors and staff were not meeting to discuss medical mistakes and that peer review was “missing.”

In May, Supervisors Michael D. Antonovich and Gloria Molina sent a letter to John Schunhoff, interim chief of the county’s Department of Health Services, requesting access to relevant peer review records at Olive View. They cited county counsel’s advice that they had authority to review the documents “for the purposes of monitoring and oversight.”

Soon after, hospital officials made peer review documents for the last year for the neonatal unit available to supervisors’ deputies. Antonovich’s health deputy, Fred Leaf, said they were satisfied that peer review was being conducted and gave officials more time to comply with a request to see a list of all peer-reviewed cases at the hospital over the last two years.

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Kankakee County: Medical malpractice ruling stirs discord

side note: The unpopular reversal of the Illinois medical malpractice reform law has become a hot topic in the upcoming, Nov. 2, Supreme Court retention elections. The Illinois Lawsuit Abuse Watch has parked a billboard truck in front Kankakee County Courthouse proclaiming the slogan “Good Judges Matter.” This display of dissatisfaction about the courts recent ruling on the medical malpractice reform has not escaped the notice of Thomas Kilbride, an Illinois Supreme Court Justice who was raised in Kankakee. Visit http://www.mymedicalmalpracticeinsurance.com to see how the Illinois Supreme Courts ruling has affected medical malpractice insurance rates in Illinois.

By Robert Themer
Daily-Journal.com

Parked in front of the Kankakee County Courthouse Wednesday afternoon, the narrow “billboard truck” of the Illinois Lawsuit Abuse Watch proclaimed “Good Judges Matter.”

Further, and likely a first, it urged voters: “On Nov. 2, don’t forget to vote in the Supreme Court retention elections.”

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Differ On How To Improve Access To Medical Services

side note: Hospitals in Hawaii are facing delays in Medicaid reimbursements due to the state’s $86 million dollar budget shortfall. The budget deficit has become a hot topic in the democratic primary for governor. Former mayor of Honolulu, Mufi Hannemann says that if elected he would mandate an audit of all federal spending. He vows to never touch Medicaid reimbursement monies and blames budget shortfalls on corruption and careless spending in government. His opponent, former U.S. Rep. Neil Abercrombie, rebukes Hannemann’s claims and states that an audit is unnecessary. Abercrombie also addresses the concern over the high number of doctors and physicians who are retiring early or leaving the state because of the high cost of medical malpractice insurance. Abercrombie proposes using federal funding to provide medical malpractice insurance to doctors who treat Medicare and Medicaid patients as a way to stem the exodus of health professionals by lowering the cost of medical malpractice insurance. For a quick and free quote on medical malpractice insurance in Hawaii visit mymedicalmalpracticeinsurance.com.

Denby Fawcett
KITV 4 News Reporter

HONOLULU — Hawaii is facing the same health care problems sweeping the rest of the United States.

Federal dollars for medical care are shrinking when more people are seeking medical services.

Hawaii hospitals and other private care providers face delays in their Medicaid reimbursements this year due to the state’s $86 million shortfall.

Hawaii’s two front runners in the democratic primary for governor, former U.S. Rep. Neil Abercrombie and former Honolulu Mayor Mufi Hannemann were asked at a forum Wednesday what they would do to stop the state’s continuing Medicaid shortfalls.

Hannemann said if elected governor, he would never raid Medicaid funds to fund other budget shortfalls.

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Medical malpractice debated while doctor shortage continues in N.J.

Side note: Doctors and key medical groups in New Jersey say the time for medical malpractice reform is now. They blame the state’s shortage of doctors on out of control medical malpractice litigation. Proponents of reform claim that the state’s current malpractice laws leave one of the state’s largest employers, the pharmaceutical companies, in jeopardy of litigation. They also blame the liberal laws for driving the medical malpractice insurance premiums for doctors’ sky high. All physicians are encouraged to request a free medical malpractice insurance quote. We have the lowest prices available nationwide, you can switch anytime! Current medical malpractice rates for New Jersey can be found at mymedicalmalpracticeinsurance.com.

New Jersey News Room
Thursday, 12 August 2010

With New Jersey facing a worsening shortage of physicians, key medical and business groups say it’s time for the Legislature and Gov. Christie’s to take action on medical malpractice reform.

Proponents of reform, such as the New Jersey Lawsuit Reform Alliance and the New Jersey Hospital Association, are stepping up their lobbying, according to an article at NJSpotlight.com. They blame the current laws with for skyrocketing malpractice insurance premiums, forcing doctors out of the state. And they claim that New Jersey’s largest employer, pharmaceutical companies, are plagued because they are often named in malpractice lawsuits filed in the state.

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September 1, 2010

ProAssurance to Acquire American Physicians Service Group

side note: Similar to soft markets of years past, a consolidation is occuring in the medical professional liability insurance industry. Just a few weeks ago, The Doctors Company purchased American Physicians Capital (APCapital) and now ProAssurance is gobbling American Physicians Service Group. Is this a ghood thing for the industry?

ProAssurance Corp., headquartered in Birmingham, Ala., and Austin, Texas-based American Physicians Service Group Inc. (APS) announced that ProAssurance plans to acquire all the outstanding shares of APS in an all-cash transaction for $32.50 per share. The transaction is expected to close by year-end.

ProAssurance Chairman and Chief Executive Officer W. Stancil Starnes said the acquisition gives ProAssurance a strong market presence in the medical professional liability insurance market in Texas where APS is the second largest writer.

Starnes added that, “APS’ growth in Oklahoma and Arkansas complements our long-term commitment to those two markets. Financially, we anticipate this transaction will be accretive to our 2011 earnings, before one-time transaction and any restructuring costs.”

APS’ board of directors unanimously approved the merger and resolved to recommend that APS shareholders vote in favor of the transaction. The transaction is subject to customary conditions, including regulatory and APS’ shareholder approval. There is no financing condition to consummate the transaction. Shareholder approval is not required for ProAssurance.

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August 31, 2010

Even with malpractice insurance, doctors opt for expensive, defensive medicine

side note: This is unfortunately all too common among doctors in our country. I’d say most, if not all people who want to end up in medicine get in for the right reasons: they want to help people. We live in a world however that is filled with lawsuits and lawyers….that will for the most part, take on any case, even if they themselves believe it’s without merit. This leads to the 83% of frivolous lawsuits that are put through our legal system each year. We are at a crossroads in regards to our health care……the costs are spiraling out of control, and one of the first steps we can take is to help protect our physicians, doctors and other healthcare professionals from unfair lawsuits. This leads the doctors to perform unnecessary tests….etc, which leads to more expensive healthcare costs…..and when you start doing this to most people…..the costs are staggering! Defensive Medicine…or CYA medicine (Cover Your Ass) needs to be addressed! If it is….then other things such as frivolous lawsuits will start to decline…along with healthcare costs. That will lead to lower medical malpractice insurance costs for doctors.

By Manoj Jain
Special to The Washington Post

Doctor learns that a medical malpractice claim is being filed against him.  Will this raise the cost of his medical malpractice insurance? Will this cause him to practice defensive medicine?Some months ago, the receptionist in my clinic handed me a registered letter. The name of the sender seemed familiar. “Dear Sir,” the letter read. “Please be advised that this letter serves as official notice that I am considering a potential claim against you in a medical Malpractice claim in regard to my husband. . . .” I stood, stunned. My white coat, which held the daily tools of my profession — my list of patients, the Sanford antibiotic manual, a black stethoscope — felt extraordinarily heavy.

While my receptionist and staff made themselves busy and waited for my reaction, I struggled to recall the patient, so many patients ago . . . and my alleged misdeed. I checked the administrative data, which showed that the man had died about a year before. Had I missed a lab test among the hundreds that I order each week? Had I failed to read a blood culture report? Had some error of mine resulted in his death?

I generally think of myself as a confident and conscientious practitioner, but my pulse was racing and my palms were moist as I reviewed the patient’s hospital chart that afternoon. He had been a man in his late 60s with a bacterial infection in his lungs. I checked the reports on all the cultures I had ordered: blood, urine, sputum. Then I checked the antibiotics I had prescribed. There was no mismatch; he had been on appropriate treatment. I asked another doctor to double-check me.

Had I been negligent? No.

I was relieved — but still accused. More important, the letter made me reflect on the paradoxes of our medical malpractice system.

Most malpractice suits turn out to be against doctors who were not at fault. Of every 100 malpractice claims filed, only 17 appeared to involve a negligent injury, such as a medication overdose resulting in death, according to a 2004 New England Journal of Medicine review.

This means that patients and lawyers appear to be suing the doctors and hospitals for non-negligent injury 83 percent of the time.

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The Cost of Medical Errors

side note: it’s staggering to see the annual total cost — in dollars and lives — of preventable medical errors.

The Society of Actuaries performed a study on the frequency and cost of medical errors in 2008.

A study sponsored by the Society of Actuaries revealed that medical errors cost Americans $19.5 billion in 2008. The total cost per error was found to be roughly $13,000. Malpractice costs and insurance payments were not measured.

The toll on patients did not end with cost, however; the study revealed more than 2,500 avoidable deaths were caused by errors. In addition, findings showed that approximately seven percent of inpatient admissions result in some form of medical injury. Of the 6.3 million measurable medical injuries in 2008, 1.5 million were caused by a medical error.

story continues

August 20, 2010

A New Study Looks at Another Approach to Fixing Our Healthcare System

A new study released in the Annals of Internal Medicine, called Contextual Errors and Failures in Individualizing Patient Care shows us how errors can occur when a physician overlooks certain details of a patient’s environment or their behavior that are essential to figuring out the course of care that is going to be taken. According to the “background”: “In contrast to biomedical errors, which are not patient-specific, contextual errors represent a failure to individualize care.”

The following is a video by the leading researchers into how they conducted their study. In addition, we have also put the abstract of this study below the video so you can get an idea of how this works. If doctors were better properly trained in this arena, it could help lower medical errors, and lead to lower medical malpractice insurance rates.

Abstract

Background: A contextual error occurs when a physician overlooks elements of a patient’s environment or behavior that are essential to planning appropriate care. In contrast to biomedical errors, which are not patient-specific, contextual errors represent a failure to individualize care.

Objective: To explore the frequency and circumstances under which physicians probe contextual and biomedical red flags and avoid treatment error by incorporating what they learn from these probes.

Design: An incomplete randomized block design in which unannounced, standardized patients visited 111 internal medicine attending physicians between April 2007 and April 2009 and presented variants of 4 scenarios. In all scenarios, patients presented both a contextual and a biomedical red flag. Responses to probing about flags varied in whether they revealed an underlying complicating biomedical or contextual factor (or both) that would lead to errors in management if overlooked.

Setting: 14 practices, including 2 academic clinics, 2 community-based primary care networks with multiple sites, a core safety net provider, and 3 U.S. Department of Veterans Affairs facilities.

Measurements: Primary outcomes were the proportion of visits in which physicians probed for contextual and biomedical factors in response to hints or red flags and the proportion of visits that resulted in error-free treatment plans.

Results: Physicians probed fewer contextual red flags (51%) than biomedical red flags (63%). Probing for contextual or biomedical information in response to red flags was usually necessary but not sufficient for an error-free plan of care. Physicians provided error-free care in 73% of the uncomplicated encounters, 38% of the biomedically complicated encounters, 22% of the contextually complicated encounters, and 9% of the combined biomedically and contextually complicated encounters.

Limitations: Only 4 case scenarios were used. The study assessed physicians’ propensity to make errors when every encounter provided an opportunity to do so and did not measure actual error rates that occur in primary care settings because of inattention to context.

Conclusion: Inattention to contextual information, such as a patient’s transportation needs, economic situation, or caretaker responsibilities, can lead to contextual error, which is not currently measured in assessments of physician performance.

Primary Funding Source: U.S. Department of Veterans Affairs Health Services Research and Development Service.

You can find all the info over at the Annals of Internal Medicine Website. Established in 1927 by the American College of Physicians.

August 19, 2010

Court orders Wisconsin to repay money siphoned from malpractice fund

By Ann W. Latner JD
Clinical Advisor

The Wisconsin Supreme Court recently ruled that the state must repay $200 million that was taken from a medical malpractice fund to balance the state budget. The money was taken three years ago from the fund, which is now projected to be $109 million short of money necessary to pay projected liabilities for this fiscal year.

Side note: Another example why states need medical malpractice insurance reform. Recently the Wisconsin Supreme Court ruled that the state government must pay back the $200 million dollars it borrowed from the state fund used to pay any medical malpractice liabilities that exceed the established limits of 1 million per occurrence and 3 million aggregate. The state borrowed the money from the fund in 2007 to makeup for budget shortfalls, but gave no schedule for repayment. Instead when the fund started to run low the state sought to increase the fees from the states licensed medical professionals by 10%. The doctors balked and took the state to court saying that the fee increase was unconstitutional; the Wisconsin Supreme court agreed with them.

Medical Malpractice Insurance costs in Wisconsin shows that the state malpractice fund has helped to keep medical malpractice insurance rates stable in Wisconsin but unfortunately the lack of proper medical malpractice reform simply transfers the burden from the doctors to the taxpayers of Wisconsin.

Ann W. Latner, JD

Physician in Wisconsin worries about medical malpractice insurance fundThe Wisconsin Supreme Court recently ruled that the state must repay $200 million that was taken from a medical malpractice fund to balance the state budget. The money was taken three years ago from the fund, which is now projected to be $109 million short of money necessary to pay projected liabilities for this fiscal year.

The fund was started in 1975 “to provide excess medical malpractice coverage for Wisconsin health care providers.” Health-care providers in the state are required to carry malpractice insurance in the amount of $1 million per occurrence and $3 million annual aggregate. Malpractice award coverage in excess of the required amounts is paid for via the fund. About 13,000 health care professionals contribute to the fund, and it has been credited with keeping malpractice insurance rates down in the state. In 2007, the Wisconsin governor and lawmakers decided to transfer $200 million out of the fund to help pay for other medical programs and balance the state’s budget; however the state never established a plan to return the money to the fund. Assessments charged to health care professionals increased by almost 10% last year in an attempt to make up for the siphoned funds.

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