My Medical Malpractice Insurance

September 3, 2010

Verdicts could tap $90M from state medical malpractice insurance fund

side note: Even while in police custody, the infamous fugitive Dr. Mark Weinberger is managing to bring harm to the citizens of Indiana. Experts fear that the 357 medical malpractice lawsuits that face Weinberger could end up costing the Indian state medical malpractice fund over 90 million dollars. The depletion of the Indiana state fund would have repercussions felt through out the entire Indiana medical community. When I’ve had the opportunity to speak to doctors one on one at conferences, they have all told me that they wished doctors would be more willing to call out their own especially when the guy has 357 claims against him. For a free quote on medical malpractice insurance in the state of Indiana visit mymedicalmalpracticeinsurance.com.

BY MARK TAYLOR
POST-TRIBUNE CORRESPONDENT

Friday’s $300,000 jury verdict in the first medical malpractice lawsuit to go to trial against ear, nose and throat specialist Dr. Mark Weinberger was not huge by Indiana standards.

The maximum allowable payout under Indiana’s malpractice statute is $1.25 million, so the award to plaintiff William Boyer was far below that limit.

However, Boyer, a 58-year-old Gary heavy equipment operator, had no permanent injuries from the unnecessary surgery Weinberger performed on him, so some attending the weeklong trial in Lake Superior Court in Hammond expected a smaller verdict.

What is consequential is that Weinberger faces another 357 medical malpractice lawsuits. Most of those cases involve allegations of unnecessary surgery, needed surgery that was not performed or surgery that was poorly performed. At least 20 of those cases have already received opinions of medical malpractice from three-doctor medical review panels, a key step in the state’s medical malpractice process.

That could mean that if all of the claims against Weinberger go to trial and result in similar verdicts — an unlikely scenario because most cases will either be settled or dismissed before going to trial — the fund could face liability of nearly $90 million.

In 2009, the fund paid a total of 150 malpractice claims for $108,438,141, down slightly from 2008, when it paid 154 claims for $109,809,087.

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September 2, 2010

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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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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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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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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August 17, 2010

MedPro and the American Academy of Facial Plastic and Reconstrutive Surgery (AAFPRS)

Side note: The American Academy of Facial Plastic and Reconstructive Surgery (AAFPRS), and Medical Protective are working together to provide extremely competitive medical malpractice insurance rates for plastic surgeons. Medical Protective is a Berkshire Hathway business and is considered by most to be the leading provider of medical malpractice insurance to physicians of all specialties in most states. They currently have an AA++ rating from Standard & Poor.

Business Wire
News Release

FORT WAYNE, Ind.–(BUSINESS WIRE)–Medical Protective has teamed up with the American Academy of Facial Plastic and Reconstructive Surgery (AAFPRS) and created The AAFPRS Medical Protective Insurance Program.

“We are excited to give this new class description to facial plastic and reconstructive surgeons”
.“As the nation’s leading healthcare liability insurer – with three times the longevity of our nearest competitor – Medical Protective looks forward to working with AAFPRS members and continuing to deliver the nation’s strongest defense of assets and reputation … not only for today, but for the long-to-resolve claims that arise years down the road,” said Mark Wittel, Medical Protective’s VP of Agency Sales.

The Program will underwrite those members performing more than 20% facial plastic surgery in their own facial plastic surgeon class description. Members who qualify for the facial plastic surgeon rating class will receive a 5% credit and those that are also ABFPRS (American Board of Facial Plastic & Reconstructive Surgery) board certified will receive an additional 5% credit.

Read Rest of News Release

August 9, 2010

Connecticut’s New Mediation Law No Panacea, Say Med-Mal Lawyers

Side note: In an effort to lower the cost of medical malpractice insurance in Connecticut lawmakers have imposed mandatory mediation in all medical malpractice cases. According to the new law all medical malpractice cases must undergo a 120 day period of mediation. After the period of mediation expires, if the two sides cannot come upon an agreement, the case will proceed to trial.

Connecticut law makers imposed the period of mediation as an alternative to caps on medical malpractice lawsuits that are popular in many cases. Attorneys and lawmakers alike agree that the mediation period is not a magic cure-all but agree that it may help to weed some of the nuisance law suits that tend to drive up the cost of medical malpractice insurance coverage.

According to our unique, historical data, medical malpractice insurance rates in Connecticut have remained stable in recent years but have not decreased from the highs established in 2005. Connecticut law makers hope that the mandatory mediation period will help maintain, if not lower, the cost of medical malpractice insurance in the state on Connecticut.

by Thomas B. Scheffey
The Connecticut Law Tribune

Plaintiff and defense lawyers are trying to gauge the overall impact of a new state mandate requiring mediation in medical malpractice cases.

So far, the apparent consensus is the new law may take smaller cases off the litigation track, but won’t resolve big-ticket cases that require the opinions of experts and extensive discovery.

The provision, which became effective July 1, calls for the presiding judge in the judicial district where a med-mal case is filed to refer the matter to a 120-day period of mediation or to another form of alternative dispute resolution “before the close of the pleadings.”

The first mediation session is to be conducted by the presiding judge, or another designated judge, not more than 20 business days after the initial referral. At the end of the one mandatory session, if the judge and parties don’t agree the matter can be settled, and don’t agree to continued mediation, “mandatory mediation under this section shall end.”

But if the one-session mandatory phase fails, the parties may agree to keep trying, and the statute next calls for the presiding judge to refer the case for mediation. The judge is to make a referral to a Connecticut lawyer with at least five years of membership in the state bar. Plaintiffs and defense parties split mediation costs.

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Medical Malpractice Insurance for Physicians in Nevada

doctor ponders if his malpractice insurance rates will rise in NevadaDoctors in Nevada are keeping a close watch on a particular medical malpractice case that may challenge the states medical malpractice award caps. Plaintiffs’ lawyers are objecting to the $350,000.00 award cap the state created in an effort to protect doctors from skyrocketing medical malpractice liability premiums in Nevada.
Plaintiffs are arguing that each family member should be allowed to have a separate claim; in this particular case this would mean a total of 16 claims for a total of $5.6 million dollars. Doctors argue that the cap should be limited to 350 thousand regardless of the number of plaintiffs.
The physician malpractice insurance data for Nevada found on our site shows the historical trend of medical malpractice insurance premiums in Nevada have remained relatively stable in recent years in a large part due to the award cap.

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August 4, 2010

Report Ranks States on Need for Medical Malpractice Reform

Filed under: Alabama Medical Malpractice Insurance, Alaska Medical Malpractice Insurance, Arizona Medical Malpractice Insurance, Arkansas Medical Malpractice Insurance, California Medical Malpractice Insurance, Colorado Medical Malpractice Insurance, Connecticut Medical Malpractice Insurance, Defensive Medicine, Delaware Medical Malpractice Insurance, District of Columbia Medical Malpractice Insurance, Florida Medical Malpractice Insurance, Georgia Medical Malpractice Insurance, Hawaii Medical Malpractice Insurance, Idaho Medical Malpractice Insurance, Indiana Medical Malpractice Insurance, Insurance, Iowa Medical Malpractice Insurance, Kansas Medical Malpractice Insurance, Kentucky Medical Malpractice Insurance, Louisiana Medical Malpractice Insurance, Maine Medical Malpractice Insurance, Maryland Medical Malpractice Insurance, Massachusetts Medical Malpractice Insurance, Medical Liability Insurance, Medical Malpractice Insurance, Michigan Medical Malpractice Insurance, Minnesota Medical Malpractice Insurance, Mississippi Medical Malpractice Insurance, Missouri Medical Malpractice Insurance, Montana Medical Malpractice Insurance, Nebraska Medical Malpractice Insurance, Nevada Medical Malpractice Insurance, New Hampshire Medical Malpractice Insurance, New Jersey Medical Malpractice Insurance, New Mexico Medical Malpractice Insurance, New York Medical Malpractice Insurance, North Carolina Medical Malpractice Insurance, North Dakota Medical Malpractice Insurance, Ohio Medical Malpractice Insurance, Oklahoma Medical Malpractice Insurance, Oregon Medical Malpractice Insurance, Patients, Pennsylvania Medical Malpractice Insurance, Physicians, Rhode Island Medical Malpractice Insurance, South Carolina Medical Malpractice Insurance, South Dakota Medical Malpractice Insurance, Tennessee Medical Malpractice Insurance, Texas Medical Malpractice Insurance, Tort Reform, Utah Medical Malpractice Insurance, Vermont Medical Malpractice Insurance, Virginia Medical Malpractice Insurance, Washington State Medical Malpractice Insurance, West Virginia Medical Malpractice Insurance, Wisconsin Medical Malpractice Insurance, Wyoming Medical Malpractice Insurance, doctor malpractice insurance, doctors, med mal insurance, physician malpractice insurance — admin @ 12:19 pm

side note: The U.S. Index of Health Ownership, published by PRI, will not be updated in full for 2010, but there is a 2010 U.S. Tort Liability Index. The Tort Index includes 42 variables divided into inputs and outputs. The top states in inputs are Oklahoma, Texas, and Ohio. Top in outputs are Alaska, Hawaii, and North Carolina. The U.S. Index of Health Ownership borrows 8 of these 42 variables to create a new a medical-tort index*. The top five in this ranking are Mississippi, Nevada, Michigan, Colorado, and Louisiana. Bottom five are Iowa, Pennsylvania, Kentucky, Rhode Island, and Vermont. Evidence indicates that even the top states are lagging in some variables, leading to increased health care costs and defensive medicine.

Eight Variables:
1) ratio of malpractice losses per projected personal health expenditures
2) pain and suffering caps
3) caps on punitive damages
4) attorney fee limits
5) pre-trial screening/arbitration
6) FDA/FTC defense allowed?
7) conditions for expert witnesses
8 ) statue of limitations

We think that information like this is important to get into the average Joe’s hand b/c with knowledge comes power……we need to educate folks on why they have been paying more for their healthcare and to protect an important asset of every community: The Physician.

There are many variables that go into why a doctor pays as much as they do for medical malpractice insurance, but this is a very important one.

Written By: Sarah McIntosh
Publication date: 08/04/2010
Publisher: The Heartland Institute

physician worrys about Tort reform effecting the cost of her medical malpractice insuranceA new report by the Pacific Research Institute (PRI), a San Francisco-based think tank, ranks the states on their medical-malpractice and tort liability policies and indicates where each state has room to improve. The study ranks the fifty states based on numerous factors, which together illustrate the importance of medical malpractice reform in controlling health care costs, according to study author John Graham.

Using information from the 2010 edition of the U.S. Tort Liability Index by Lawrence J. McQuillan and Hovannes Abramyan, which analyzed some 42 variables, PRI ranked the states by calculating where they ought to stand on each type of measurement. John Graham, director of health care studies at PRI and author of the report, said the study illustrates which states are “getting it right” and which are not.

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