My Medical Malpractice Insurance

September 7, 2010

Student doctor donates bone marrow, extends a second chance.

Filed under: Patients, Physicians, doctors — admin @ 1:11 pm

side note: Yes, I know this doesn’t have much to do with medical malpractice insurance. This story however involves a friend from childhood who I’m incredibly proud of! Dr. Terry (still have a hard time saying that, let along typing it) did an amazing thing by donating bone marrow to a complete stranger. Dr. Terry, who I’ve known since he was a kid, is one of the “good ones” out there! I knew his dad well and he was such a good man, he was funny, and would take the time to get to know you. Dr. Terry…..ok, enough with that…as a kid, I called him “JB”. When I learned that JB’d dad had passed away I was shocked…….he always seemed bigger then life to me and I knew how much of a positive impact he had on JB’s life……I just couldn’t believe it. Even though I had lost touch with JB, I felt like I had to be at the wake to support him during that tough time. I just think it’s awesome that he went forward with this and did something that I think is rare these days: a selfless act.

One year or so ago, I wrote JB to find out how he was doing….he was doing great. He had a lady on his arm on his Facebook profile and he generally looked happy. I wrote him again a few weeks later….this time, I wanted to do him a favor. Ever since I’ve been in this business, medical malpractice insurance for physicians, I’ve learned that there are some brokers out there that don’t play fair. They will say they have access to each insurance company…..but they usually don’t and they will flat out lie to you. Is this everyone? Not at all! But like every industry, there are those who will prey on the people who are not experts……what a claim’s made policy is…..or what type of limits you should have….etc. I let JB know that by no means was I giving him a sale’s pitch, I just wanted him to know that if he ever needs advice, that he has someone to turn to who he can trust. This of course goes for every MD and DO out there……we don’t have to be your agent. We think we’re the best out there, don’t get me wrong. But we know that doctors have formed relationships with other brokers…..so if you want to ask a question, or want to know if your med-mal broker is treating your fairly. Drop us an email and we’ll let you know: info(at)mymedicalmalpracticeinsurance.com

Or, if you want the full gamut of our services, click here to request your free medical malpractice insurance quote. As with every new client we have….you will not be sorry, b/c not only will we help you understand the world of med-mal insurance, we get you the lowest price!

STILL MAGAZINE

During his first year of medical school at ATSU-KCOM, Chicago native Jonathan Terry, D.O., ’09, learned his father had acute myelogenous leukemia, AML.

Nothing short of a bone marrow transplant could save him.

Although a match was identified, the elder Terry did not survive to complete the procedure, losing his battle during his son’s first-quarter final exams. One year later, Dr. Terry added his name to the national bone marrow registry, thinking he would never be called. And with good reason: out of 110 people on the registry, one – or none – will be contacted.

But the call came. Two years after he joined the registry, in 2009, he matched anonymously with a 50-year-old man with AML – the same disease that took his father.

Dr. Terry compares the probability of such a match to winning the lottery because of the small number of those on the registry, an extremely low probability for a match, and the fact that he is Jewish, a minority that lowers the odds of a successful match even further.

A bone marrow match, in which whole DNA sequences must match, is more complex than a blood match, he says. Most people who are on the registry are Caucasian, and overall there’s a limited expression of genes, particularly for minorities.

Nevertheless, despite the odds, Dr. Terry traveled to the University of Maryland in Baltimore – one of five such transplant centers in the United States – to donate his bone marrow. First, he was given five shots of Neupogen, or Filgrastim, which is a granulocyte-stimulating factor that caused his bone marrow to secrete extra CD34 stem cells into the peripheral circulation. The drug, he says, made him experience flu-like symptoms such as bone pain, headache, and extremely high white blood cell counts, representing the stem cells in his peripheral circulation awaiting collection.

Next, with a large-bore IV in each arm, he experienced five hours of plasmapheresis, similar to dialysis, during which his blood was routed, sorted, and returned back to his body after the stem cells had been removed.

Although he was only in the hospital for one day, start to end his donation experience lasted one week. His only thought: “I hope my recipient survives.”

It was a small amount of discomfort, he says, but “incredibly important and literally a matter of life and death for the person on the other end. The thing that surprised me was how easy and relatively pain-free it was. The biggest sacrifice, if you can call it that, was time. But I was back at work the next day – my residency was very helpful in supporting me. It’s a small amount of pain to have the potential to save a life.”

In Dr. Terry’s case, a life indeed was saved. His recipient, known only as “50-year-old male” to Dr. Terry, referred to as “23-year-old male” in their correspondence, was soon discharged from the hospital despite a less than 50 percent chance of graft success.

The survival rate for five years still hovers only around 44 percent, but as Dr. Terry notes, “we can all imagine what someone can do with a few extra years of life without chemo – let alone the distinct possibility of prolonged success.”

(READ REST OF ARTICLE)

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

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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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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