My Medical Malpractice Insurance

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.

READ REST OF ARTICLE

August 13, 2010

Nevada’s Sharron Angle says there is nothing wrong with the U.S. health care system

Side note: Must be an election year! One of the biggest races shaping up this year is the Senatorial seat currently being held by the powerful Senate Majority Leader, Harry Reid. His primary challenger, Sharron Angle, the Republican candidate, wants to repeal the Affordable Care Act. Candidate Angle believes that heath care can be made affordable by implementing tort-reform. The Congressional Budget Office (CBO), agrees with her. The CBO claims in a recent report that $50 billion could be saved over a ten year period if lawmakers implemented tort reform to lower the cost of medical malpractice insurance. Nevada is a state that has implemented caps on it medial malpractice insurance awards but the legislation is currently being looked at by the courts. Physician in Nevada do pay quite a bit for their medical malpractice insurance compared to the rest of the nation. For example, an OB/Gyn in Nevada (Clark County) paid $132,620 over a one year period if they purchased med-mal insurance from PIC Wisconsin.

Sheila Guilloton
Health Care Examiner

Sharron Angle, the Republican candidate trying to unseat Harry Reid, said that there is nothing wrong with the U.S. health care system. Speaking with reporter Marco Villarreal from KTNV Action News, Angle said that the U.S. has “the best healthcare system in the world.” She went on to say that “our doctors are the best.”

Wants the federal health care reform law repealed

On her official website, the candidate proposes the following solutions for health care.

She would repeal and replace ObamaCare. ObamaCare has become a pet name for the Affordable Care Act passed in March, 2010.

Angle lists replacement of ObamaCare as a necessary solution but does not offer any concrete ideas for a replacement plan. Her recent interview may explain why. She does not think there was anything wrong with the system as it existed in the U.S. prior to March 2010.

She would eliminate coverage mandates. Coverage mandates are a part of the Affordable Care Act so if it is repealed the federal mandatory coverage requirement would go away. Two states, Massachusetts and Hawaii, have state mandated coverage.

Read Rest of Article

July 14, 2010

Senator Coburn and Barrasso release Obamacare report

This report, titled “Bad Medicine: A Check-Up On The New Federal Health Law” takes a look at the implementation of Obamacare after 100 days since it was passed. We here at MyMedicalMalpracticeInsurance.com were not too pleased with the final version of this bill, mainly because it didn’t include decent Tort Reform legislation that would help lead to the lower cost of medical malpractice insurance for doctors. Malpractice insurance was one arena that both President Obama and Republicans found common ground and looked to make some advancements…..but they never materialized.

This report is interesting reading, but we can’t help but think that 100 days isn’t long enough to know if a major bill…..one that comes around once or twice per generation, will have a positive or negative effect on health care costs….especially as the Boomers continue to retire in droves.

MyMedicalMalpracticeInsurance.com have long been advocates for doctors and have championed legislation that will enable the doctor/patient relationship to be the most important thing in healthcare. We have put together a Patient Satisfaction Survey System for doctors to help lower liability by learning what the patient thinks of the practice. This system is free of charge to all of our clients…..and it’s available in 9 languages. This is just one of the many free services we offer our clients because at the end of the day……the doctor is what matters the most. Some of the other services are:

    1. Free Risk Manager on staff to help you out with all your practice needs…the implementation of this has shown to lead to lower malpractice insurance costs.
    2. We will also create a Custom Office Policies and Procedures Manual for your practice, so every employee has a clear idea of how things operate.

Lower your med-mal insurance costs today……fill our our med-mal insurance quote form and we’ll save you money….it’s quick and easy.

Standards Issued for Electronic Health Records

side note: This is welcomed news for doctors who have long complained that the standards put in place by President Obama were to tough to meet in such a short period of time. I have spoken to numerous physicians who have looked at EMR/EHR as another time-consuming hurdle that seems almost impossible to meet in the time-span provided. I have heard from a few doctors who believe that their medical malpractice insurance costs will go down over their career because they think EMR/EHR will lead to better services, which means happier patients who are less willing to file a lawsuit against a physician.

By ROBERT PEAR
The New York Times

WASHINGTON — The federal government issued new rules Tuesday that will reward doctors and hospitals for the “meaningful use” of electronic health records, a top goal of President Obama.

The rules significantly scale back proposed requirements that the health care industry had denounced as unrealistic.

The Department of Health and Human Services said doctors and hospitals could receive as much as $27 billion over the next 10 years to buy equipment to computerize patients’ medical records. A doctor can receive up to $44,000 under Medicare and $63,750 under Medicaid, while a hospital can receive millions of dollars, depending on its size.

Starting in 2015, hospitals and doctors will be subject to financial penalties under Medicare if they are not using electronic health records.

Dr. Donald M. Berwick, who was sworn in Monday as administrator of the Centers for Medicare and Medicaid Services, said electronic health records would lead to “better, smoother care, more reliable care.”

Even though American health care is known for the use of advanced technology in treating patients, doctors and hospitals have been slow to replace paper records with electronic records.

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June 17, 2010

How Medicare’s Payment Cuts For Cancer Chemotherapy Drugs Changed Patterns Of Treatment

side note: A very interesting article on how reforms implemented at the Federal level can have real world consequences and why we should move slowly with the new healthcare bill. We have mixed feelings on the bill b/c we foresee both positive and negative impacts on doctors and their bottom lines. If doctors keep seeing Medicare patients, they will have a pool of roughly 30 million potential new clients……with the recently implemented Medicare cuts, we think that the ever important doctor-patient relationship will take a hit b/c physicians will need to see more patients on a daily basis to deal with the 21% cuts.

We didn’t like the fact that tough Tort Reform was not included in the final bill. We truly believe that even though on the surface, med mal insurance rates for doctors is a drop in the bucket as it relates to how much money our country spends on health care….we do think that the cost of malpractice insurance rates for doctors leads to the practice of defensive medicine. Which in turn leads to more money spent, and wasted, on healthcare related items.

We do not have crystal ball, so it’s difficult to see how this will play out….but we do have history to look back on, and we do know that there are always unforeseen issues that pop up that our politicians in DC never saw coming.

http://content.healthaffairs.org
by Mireille Jacobson, Craig C. Earle, Mary Price, and Joseph P. Newhouse

The Medicare Prescription Drug, Improvement, and Modernization Act, enacted in 2003, substantially reduced payment rates for chemotherapy drugs administered on an outpatient basis starting in January 2005. We assessed how these reductions affected the likelihood and setting of chemotherapy treatment for Medicare beneficiaries with newly diagnosed lung cancer, as well as the types of agents they received. Contrary to concerns about access, we found that the changes actually increased the likelihood that lung cancer patients received chemotherapy. The type of chemotherapy agents administered also changed.

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June 15, 2010

Obama Administration Invests in Research to Lower Rate of Medical Malpractice Costs

Side note: On Friday, the Obama administration began distributing nearly $25 million in funds to research institutions for projects designed to lower the rate and cost of medical malpractice lawsuits. Several large universities and medical systems are among the recipients, including Ohio State University in Columbus and Multicare Health System in Tacoma, Washington.

The funds were set aside last September as part of a promise to Republican members of Congress. The hope is that these research projects will be able to uncover new methods that will reduce errors and injuries and increase communication between doctors and patients. Ideally, these innovations would lower the number medical malpractice lawsuits and, ultimately, the cost of medical malpractice insurance.

Though $25 million is a small amount to throw at such a large problem, it is important to see that the concerns of doctors and hospitals are not being ignored. Hopefully, these efforts will prove successful, and physicians will see a real decrease in the cost of liability insurance.

Mimi Hall
USA Today

The Obama administration, following through on a promise the president made last fall to Republicans in Congress, today began doling out nearly $25 million in grants for projects aimed at reducing medical malpractice lawsuits and costs.

(more…)

June 14, 2010

Medicare Rates for Doctors: Congress needs to act!

Doctors have 4 more days to contact their Congressional representatives and urge them to hold off on the 21% Medicare cuts that could have dire consequences on Americans getting the care they need.

President Obama is trying to persuade Congress to kill the 21% cut required by a 1990s deficit reduction law that Congress usually waives. What we here at MyMedicalMalpracticeInsurance.com don’t understand is why they will do it for most anyone else, but doctors seem to get the raw end of this deal! Maybe this has to do with the fact that doctors, physicians and other healthcare professionals do not have proper representation in Washington DC. This is why we consistently urge all MD’s and DO’s to join lobbying efforts b/c real change doesn’t happen unless money is being funneled into politician’s pockets. There are organizations that medical professional can join for free, such as SERMO, this is a closed social network where over 112,000 physicians come together and discuss….well, I think they discuss everything from Obamacare to anything medical related. I am not a doctor, so I don’t have access and thus don’t know for sure what it on the site. We have numerous clients who are members, and they speak very highly of SERMO. Another organization that is trying to make a positive impact for doctors is Docs4patientcare.org. They are actively lobbying in DC, but I’m unsure of their numbers…they are still a very young organization.

It’s important to get involved in this historic fight. We must keep one of the countries most important professions profitable and with less government oversight.

We do think that if these Medicare cuts do go through, then all doctors should have their medical malpractice insurance costs re-evaluated. If not by us, then by another reputable company. Make sure you are not paying too much…..granted, it’s hard to tell if you are, but that’s another reason we’re the most trusted site on the Internet for doctors and other health care professionals. Lower your med mal costs today.

June 2, 2010

Justice Department declares war on doctors

side note: Well, this was not a good ruling for doctors in this country. I know there is a fine line for doctors in having a profitable business and staying true to the Hippocratic oath, but this to me, seems a bit of an over-extending by the DOJ. I have been following this case and it didn’t seem like the DOJ needed to be involved, but here they are. What I think this boils down to is doctors really don’t have a true voice in Washington DC. We see a company like BP get away with so many horrible things…and not much is done….but they have an army of lobbyists. It’s good to see doctors starting to band together in dealing with the BS in DC….some of the groups that a few of our current clients belong to are: SERMO and Docs4PatientCare

Join the above groups or find another one that fits your beliefs and needs. Doctors need to come together if they are to have any shot in getting any favorable legislation passed.

By Mises
Economics Blog
Christian Science Monitor
In a landmark Idaho case, the Justice Department forced a group of doctors to accept government price controls.

As I’ve long suspected, “health care reform” has emboldened the Justice Department to take a more active role in enforcing government price controls against physicians. Today the Antitrust Division, joined by Idaho Attorney General Lawrence Wasden, forced a a group of Boise orthopedists to accept price controls for worker’s compensation and HMO contracts as part of a settlement accusing the doctors of “price fixing”:

According to the complaint, the conspiring orthopedists engaged in two antitrust conspiracies, which took place from 2006 to 2008. In the first conspiracy, through a series of meetings and other communications, the orthopedists agreed not to treat most patients covered by workers’ compensation insurance.

They entered into a group boycott in order to force the Idaho Industrial Commission to increase the rates at which orthopedists were paid for treating injured workers. The Idaho Industrial Commission sets the fee schedule that determines the amount that orthopedists and other healthcare providers usually receive for treating patients covered by workers’ compensation insurance. The boycott resulted in a shortage of orthopedists willing to treat workers’ compensation patients, causing higher rates for orthopedic services.

In the second conspiracy, all of the defendants, except [one], and other conspiring orthopedists agreed to threaten to terminate their contracts with Blue Cross of Idaho. They jointly threatened to terminate their contracts to force Blue Cross of Idaho to offer better contract terms to orthopedists.

READ REST OF ARTICLE

May 10, 2010

Medical liability: A world of difference

Side note: A nice comparison of the American medical liability system with those of other countries. Though a wholesale adoption of one of these methods might not suit American needs, there is much of value in looking at the ways other countries deal with medical malpractice issues. Most of these systems treat medical malpractice lawsuits as distinctly different from other types of cases. Rather than trial by jury, a trial in front of a judge is much more common. Additionally, awards for pain and suffering are strictly limited. Other countries, such as the U.K., have ‘loser-pays’ rules, which help to discourage frivolous lawsuits. See below or click here to read the entire article over at American Medical News.

One other significant difference between many of these countries and the United States is that doctors in the U.S. must face medical malpractice laws and systems that vary greatly by state and medical specialty. These differences make knowing the local medmal insurance climate extremely important. Click to see comprehensive medical liability insurance rates for the past 10 years in your state and others,

By Amy Lynn Sorrel
amednews

As states and health care systems seek federal grants to test new ways of tackling medical liability issues in the U.S., some observers suggest looking beyond America’s borders for inspiration. While they agree no one system offers a perfect solution, experts say other countries could offer lessons to help mend what doctors say are flaws that make the U.S. medical liability landscape more expensive and litigious than that of other nations.
(more…)

May 7, 2010

Digitize medical records; waiting puts lives at risk

side note: Another article on the importance of Electronic Health Records (EHR). Though the initial cost may be a burden for doctors, hospitals and practices, the rewards of an electronic system will begin paying immediate dividends. Studies show that error rates (and therefore, medical malpractice lawsuits) are lower for those physicians and hospitals that use EHR. With full access to a patient’s medical history, it will also be easier for doctors to avoid misdiagnosing patients, another leading cause of medical liability claims. Additionally, overall health costs will go down, as physicians won’t be re-ordering expensive tests and procedures that other doctors have already done.

With all these benefits – error reduction, access to complete medical history, cost reduction, and reduction in potential medical malpractice claims – plus the federal funding available through last year’s stimulus package – there is no better time for physicians, practices and hospitals to embrace EHR. As physician advocates, we hope this leads to lower medical malpractice insurance rates.

Editorial
The Boston Globe

WHEN IT COMES to switching from paper to electronic records, medicine trails many other professions — even though study after study has shown that computerization will save not just money but lives. Even with the incentive of billions of federal dollars to cover much of the cost of the transition, doctors and hospitals have been slow to take even the first steps toward conversion. Apparently, they feel little or no responsibility for symptoms that get misdiagnosed because of inadequate information about a patient’s past medical care, let alone the tests that get repeated because no one has a record of the previous results.

The full Boston Globe Editorial is available here

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