My Medical Malpractice Insurance

August 28, 2009

Healthcare and Tort Reform

Filed under: Uncategorized — Tags: , , , — admin @ 8:19 am

Healthcare town hall protesters bring it up constantly. So do many doctors. Democrats, for the most part, refuse to go near it.

The issue is the cost of “defensive medicine”—basically, doctors ordering extra (and arguably unnecessary) tests to protect themselves from costly lawsuits. Data on the exact size of the problem are spotty, but it’s big. A recent PricewaterhouseCoopers study estimated that these practices are responsible for up to 10 percent of the country’s annual healthcare spending, or some $210 billion.

President Obama has talked about cutting “wasted” healthcare spending, and $210 billion would help the cause. He suggested as much in a speech to the American Medical Association in June. “I understand some doctors may feel the need to order more tests and treatments to avoid being legally vulnerable,” he said. “That’s a real issue.”

Yet, so far, save for one proposed amendment, there’s been little support from Democrats on the topic. The House’s healthcare bill won the AMA’s support in July, but the group expressed concern over a glaring omission. “Clearly, that bill did not address the unnecessary costs of defensive medicine,” AMA President James Rohack said in an earlier interview.

It’s possible the issue will get play when Congress comes back from its recess, but even advocates say that’s unlikely. “Do I think something’s going to happen?” says Troy Tippett, president of the American Association of Neurological Surgeons. “I would be very surprised if it does.”
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August 27, 2009

Hospitals Find Openness About Mistakes Improves Safety, Reduces Lawsuits

Filed under: Congress, Health Insurance Coverage, Insurance, Medical Malpractice Insurance, Patients, Physicians, Tort Reform, hospitals — admin @ 9:22 am

side note: This is an example that the Sorry Works program is often better for healthcare than litigious denial of medical malpractice.

“Medical errors kill as many as 98,000 Americans each year,” writes Laura Landro in the Wall Street Journal’s “Informed Patient” column. “Now, some hospitals are hoping to stem the tide of lawsuits by being more open with aggrieved patients and their families. While some experts warn that disclosure will lead to an increase in litigation and costs, there are some indications that patients are less likely to sue if they receive full disclosure and an apology, along with an offer of compensation.”

In one case, an infant girl bumped her head. Her mother took her to the emergency room at Baptist Children’s Hospital in Miami, where she was sedated to keep still for an MRI. While sedated, a breathing tube became dislodged. The child suffered a “crippling brain injury.” After settling with the family, the hospital used the episode as a case study for improving processes and preventing future errors. They also recruited the child’s parents as spokespeople for the improvement effort, and the girl’s mother is a community liaison for the “quality-and-patient-safety committee” (Landro, 8/25).

According to a related Wall Street Journal Health Blog post, also by Landro, other hospitals are replicating this type of effort. For instance, University of Illinois Medical Center at Chicago recently “created a consultation service to help staffers communicate quickly with patients and families about safety incidents; in 2006 that evolved into a policy of full disclosure, apology and a swift offer of financial compensation (8/24).

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August 26, 2009

Study of Medical Malpractice Insurance Industry Finds No Basis to Further Limit Liability of Unsafe Helthcare Providers

Filed under: Arkansas Medical Malpractice Insurance, Congress, Health Insurance Coverage, Insurance, Patients, President Barack Obama, Tort Reform, hospitals — admin @ 7:47 am

side note: Americans for Insurance Reform turns thye tables on tort reform proponents, criticizing the enormous profits in the medical liability insurance industry when compared to the number of annual medical mistakes in U.S. healthcare.

A major new study released today by Americans for Insurance Reform finds that premiums and claims for doctors both have dropped significantly in recent years while the medical malpractice insurance industry is enjoying remarkable profits in light of the global economic collapse. It concludes that further limiting the liability of negligent doctors and unsafe hospitals is not only unjustified, but also would have almost no impact lowering this country’s overall health care expenditures.

AIR’s report, True Risk: Medical Liability, Malpractice Insurance and Health Care, is by Gillian Cassell-Stiga and Joanne Doroshow of the Center for Justice & Democracy, and actuary J. Robert Hunter, who is Director of Insurance for the Consumer Federation of America (CFA), former Commissioner of Insurance for the State of Texas, and former Federal Insurance Administrator under Presidents Carter and Ford.

In describing the study’s findings, Hunter said, “Thirty years of inflation-adjusted data show that medical malpractice premiums are the lowest they have been in this entire period. This is in no small part due to the fact that claims have fallen like a rock, down 45 percent since 2000. The periodic premium spikes we see in the data are not related to claims but to the economic cycle of insurers and to drops in investment income. Since
prices have not declined as much as claims have, medical malpractice insurer profits are higher than the rest of the property casualty industry, which has been remarkably profitable over the last five years.

“Our study also shows that states that have passed severe medical malpractice tort restrictions on victims of medical error have rate changes similar to those states that haven’t adopted these harsh measures. Finally, our research makes clear that medical malpractice claims and premiums have almost no impact on the cost of health care. Medical malpractice premiums are less than one-half of one percent of overall health care costs, and medical malpractice claims are a mere one-fifth of one percent of health
care costs. If Congress completely eliminated every single medical malpractice lawsuit, including all legitimate cases, as part of health care reform, overall health care costs would hardly change, but the costs of medical error and hospital-induced injury would remain and someone else would have to pay.”
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McCain: Obama Plan Threatens Care, Medical Malpractice Lawsuit Reform Better Idea

Filed under: Arizona Medical Malpractice Insurance, Tort Reform — Tags: , , , , — admin @ 7:33 am

side note: Sen. John McCain criticizes President Obama’s healthcare reform plans as hazard to quality of care; instead favors medical malpractice lawsuit reform.

U.S. Sen. John McCain, R-Ariz., said during a town hall in Sun City Tuesday morning that creation of a government-run health system would threaten the quality of medical care and pit the needs of consumers and seniors against national interests including the pharmaceutical industry and American Medical Association.

McCain said he supports medical malpractice lawsuit restrictions, more consumer choice and the status quo in terms of Medicare. “We don’t want to harm it,” McCain told a Sun City audience generally opposed to Obama’s plan and concerned that it would drastically changing Medicare.

The Sun City crowd booed when McCain said he believes Obama respects the U.S. Constitution. The Arizona senator noted support by the AARP seniors group, pharmaceutical industry and AMA for Obama’s plan to create a government health system to operate along side private providers.

McCain, however, dodged a question from the audience regarding health insurance industry profits and operating margins.

He also criticized Congress and the Obama administration for spending on the stimulus program, bailouts and other areas and predicted members of Congress will be indicted for having unscrupulous ties to special and corporate interests.

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August 25, 2009

Why Isn’t Medical Liability Reform Being Discussed?

Filed under: Uncategorized — Tags: , , , , , — admin @ 9:03 am

side note: Price Waterhouse Cooper reports that 10 cents of every healthcare dollar is driven by medical liability issues. The author of this article asks, Why isn’t liability reform being discussed?

As lawmakers work to reform our health care system, they have promised to improve quality while lowering costs. Yet, they continue to ignore one of the biggest problems hampering quality and driving costs: out of control medical liability.

Today, 10 cents of every dollar spent on health care is driven by medical liability, according to Price Waterhouse Coopers. Health care providers across the country are forced to practice “defensive medicine,” ordering unnecessary and expensive tests and procedures to avoid being sued.

Florida is also home to some of the highest medical malpractice insurance rates in the nation. The overwhelming volume of lawsuits against health care providers increases liability insurance rates, and that cost is passed on to Floridians. Florida’s liability environment also deters medical innovation and discourages doctors from practicing medicine in some of the most important, high-risk medical fields, such as obstetrics. The fear of being sued is so severe that it is creating a shortage of doctors, as many opt to practice medicine in states with better liability laws. This shortage will affect all Floridians, but particularly our retirees, who have many health care needs — and the problem is only getting worse.
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August 24, 2009

Healthcare Reform Is Critical; So Is Tort Reform

Filed under: Texas Medical Malpractice Insurance, Tort Reform — Tags: , , , — admin @ 1:10 pm

On Wednesday I had the opportunity to attend a congressional update and discussion with U.S. Rep. Chet Edwards and listen to his ideas about health care reform.

I walked away from this session believing that Edwards and I agree on one thing: When it comes to health care, we need reform.

How we get there is where our opinions differ.

Overhauling our health care system is long overdue, but problems with health care have not been caused by the Republican Party. Republicans as well as conservatives want to be included in the health care debate.

Being shut out of the process is un-American, and bipartisanship is not just going along with whatever the party in power proposes.

Bipartisanship is a process by which both major parties agree and determine a plan of action to a problem that is of great importance to the voters.

I would not consider the passage of health care reform to be bipartisan unless a large percentage of Republican House members voted in favor of the bill.

Any legislation passed should include meaningful tort reform similar to what Texas passed in 2003, limiting the amount hospitals and doctors pay in cases involving medical malpractice. Doctors and hospitals pay far too much to protect themselves against lawsuits. It works in Texas — just ask the trial lawyers.
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Palin: You Can’t Have Healthcare Reform without Medical Malpractice Reform

Filed under: Tort Reform — Tags: , , , , — admin @ 8:23 am



Former Alaska Gov. Sarah Palin gives her resignation speech July 26, 2009, in Fairbanks, Alaska. (AP Photo/Al G

side note: Sarah Palin uses the fascinated attention that innexplicably surrounds her to the tort reform debate.

Former Alaska Gov. Sarah Palin has again taken to her Facebook page, again to position herself on a key aspect of the national debate over health care reform. Last week, it was on the “death panels” Palin believes will inevitably result if Obamacare becomes law.

This week, Palin takes on another aspect of the debate and stakes out a position that seems designed to highlight one of the biggest weaknesses of President Obama and Democratic congressional leaders – their dependance upon trial lawyers for funding.

Palin notes the inextricable link between controlling health care costs and getting spiralling medical malpractice insurance premiums under control, and quotes from a recent oped in The Washington Examiner by Texas Gov. Rick Perry discussing his state’s success in lowering costs and expanding access by capping malpractice awards.

Palin also quotes extensively from research by Dr. Stuart Weinstein of the American Academy of Orthopaedic Surgeons, including this graph:

”The medical liability crisis has had many unintended consequences, most notably a decrease in access to care in a growing number of states and an increase in healthcare costs. Access is affected as physicians move their practices to states with lower liability rates and change their practice patterns to reduce or eliminate high-risk services. When one considers that half of all neurosurgeons—as well as one third of all orthopedic surgeons, one third of all emergency physicians, and one third of all trauma surgeons—are sued each year, is it any wonder that 70 percent of emergency departments are at risk because they lack available on-call specialist coverage?”

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August 21, 2009

First, Let’s Agree There Is a Problem with Healthcare, Medical Malpractice Insurance

Filed under: Uncategorized — Tags: , , , , — admin @ 8:16 am

side note: This article calls for both sides of the debate to agree there’s a problem with American healthcare, and then address what that problem includes, like the fact doctors charge exorbitant fees and order unnecessary and costly tests because they must pay enormous premiums for malpractice insurance and protect themselves against lawsuits.

It’s not a good idea to take sheets right from the washtub and put them on the bed. They need to be put on the clothesline first to dry in the sunshine (or so they might have said before the invention of the clothes dryer). Public policy is the same. It needs a good airing and spirited debate before becoming law.

It’s becoming clearer every day that Congress’ health-care reform proposal is still rather damp and not fit for bed-making. Unfortunately, what’s happening in and around town halls this month is not the spirited debate that is needed. Instead, we have opposing sides of placard-wavers screaming in each others’ faces.

We all need to step back, take a few breaths and think about the situation. We should be having a debate about how we can solve the problem of the high and constantly rising cost of health care and health insurance. But here’s the stumbling block: We can’t even agree that there is a problem.

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AMA Supports Healthcare Reform Bill, But Will Continue to Push for Medical Malpractice Insurance Reform

Filed under: Tort Reform, Uncategorized — Tags: , , , , , , — admin @ 8:06 am

side note: In this article, the AMA defends its support of the healthcare reform bill, but “will continue to work with members of the House of Representatives to improve the bill,” which includes pushing its big priorities, like caps on malpractice lawsuit damages.

The American Medical Association is telling members that even though it backs the House’s healthcare reform bill, it will seek improvements to the legislation.

Physicians, including AMA members, are split over healthcare reform and the AMA’s move to endorse the House bill last month sparked complaints. In a document distributed recently to its members and published on its website, the AMA asserts it “will continue to work with members of the House of Representatives to improve the bill.”

Though the measure includes $240 billion worth of increased Medicare payments for doctors, it also would create a government-run “public option” insurance program that would compete with private insurers, a prospect that unnerves healthcare providers worried the government will not pay them enough for their services.

The document also seeks to reassure members that the AMA does not support nationalized health insurance, outlawing private insurance or mandatory end-of-life counseling, giving bureaucrats the authority to dictate what treatments a doctor prescribes or rationing care.

The AMA is the only major healthcare industry lobbying organization to endorse the House bill.

Although groups such as the Pharmaceutical Research and Manufacturers of America (PhRMA) and the American Hospital Association (AHA) have generally supported the healthcare reform efforts of President Barack Obama and Congress, the AMA went further by offering explicit support for a piece of legislation.
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Improving Medical Malpractice Insurance Costs Critical to Healthcare Reform

Filed under: Uncategorized — Tags: , , , , , — admin @ 8:01 am

side note: This article references a letter by the president of the Pennsylvania Neurosurgical Society that states, without reforming the inefficiencies of the current medical liability system, physicians must make tough decisions, which includes altering or limiting their services because of liability concerns, which impedes patient access to care.

As U.S. legislators continue their debate on possible health care reform, one topic has been frequently left out of the discussion: controlling medical liability costs.

The president of the Pennsylvania Neurosurgical Society addressed that issue in a letter he sent recently to Pennsylvania’s U.S. senators and congressional representatives, which included ways to make the medical liability system more economically efficient.

In the letter, Dr. Eric L. Zager said the U.S. cannot control soaring health care costs without reforming the inefficiencies of the current medical liability system.

“As insurance becomes unaffordable or unavailable, physicians must make tough decisions, including altering or limiting their services because of liability concerns, which impedes patient access to care,” Zager wrote

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