My Medical Malpractice Insurance

November 30, 2009

White House: Of course there’s tort reform in the health bill

side note: Amidst the agenda-driven ideological rants of Charles Krauthammer and the attempted positive spin of the Obama White House, who really knows how much, if any, tort reform will be included in the final healthcare bill?

The Obama White House puts to use the WhiteHouse.gov website — its blog — to rebuke columnist Charles Krauthammer by name for Krauthammer’s column, “Kill the bills. Do health reform right.” Krauthammer’s case included an argument for step-by-step measures, starting with tort reform:

This is money — the low-end estimate is about half a trillion per decade — wasted in two ways. Part is simply hemorrhaged into the legal system to benefit a few jackpot lawsuit winners and an army of extravagantly rich malpractice lawyers such as John Edwards….[snip]

In the 4,000-plus pages of the two bills, there is no tort reform. Indeed, the House bill actually penalizes states that dare “limit attorneys’ fees or impose caps on damages.” Why? Because, as Howard Dean has openly acknowledged, Democrats don’t want “to take on the trial lawyers.” What he didn’t say — he didn’t need to — is that they give millions to the Democrats for precisely this kind of protection.

The White House’s incoming communications director, Dan Pfeiffer, responds in a blog post, “Reality Check: Column Ignores Facts about Health Reform.” On tort reform, he writes:

President Obama issued a Presidential Memorandum directing the Secretary of HHS to move forward with an initiative to give states and health systems the opportunity to apply for medical liability demonstration projects. Section 2531 of the House bill also includes a voluntary state incentive grants program to encourage states to develop alternatives to traditional malpractice litigation.

Yep. And the Senate bill includes a “sense of the Senate” statement expressing some support for state demonstration projects. The legislative provisions and the Administration’s $25 million HHS grant program are the bare minimum needed to claim, “There is TOO tort reform in there.”
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New Yorkers pay a high price for liability litigation

side note: This is an interesting article, mainly due to the fact that it is discussing tort within the framework of New York, which has a well-documented debacle of a medical malpractice insurance environment.

High taxes help make New York an expensive place to do business. A new report argues convincingly that costly malpractice litigation and insurance also kill jobs and drive away business.

The report from the conservative Pacific Research Institute notes that from an economic perspective, New York state ranks near the bottom in its liability laws. Liability defense costs have risen 485 percent since 1977, adjusted for inflation. Jury awards generally are 600 percent above the national norm and include 10 of the nation’s top payouts in 2006. “Defensive medicine” — physicians’ over-reliance on tests and medications as a hedge against litigation — add up to 9 percent to medical bills, PRI claims.

The daunting cost of medical malpractice insurance — up to $200,000 or more per year for surgeons and obstetricians — is driving doctors away. More than half the young doctors educated in New York leave, according to Gerry Hoffman of the Onondaga County Medical Society. Society President Dr. Gregory Threatte notes that while New York receives a paltry 150 license applications from physicians per month, there are 2,500 applications in Texas, where malpractice reforms took effect four years ago.
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November 25, 2009

Medical liability premiums dropping nationwide

side note: Here is the notion that is difficult to convey to the layman: medical malpractice insurance premiums are dropping, and have been for a few years, but tort reform is still necessary to better the healthcare system.

Medical liability premiums have fallen for the fourth straight year in a row, aided by a drop in the volume of lawsuits filed, according to the latest annual update by researchers focused on the issue.

The Medical Liability Monitor survey concluded that 94 percent of med mal premiums were level or fell in 2009. Thirty-six percent fell, down from 43 percent last year, and 58 percent held steady, up from 50 percent the previous year.

Jury awards in medical malpractice cases continue to climb, the study found. This has prevented premiums from falling to levels seen before a premium spike in the early 2000s.

That being said, premium increases have slowed significantly, companies note. This year, only 6 percent of premiums nationally went up, down from 7 percent last year and 16 percent in ‘07. Most increases were under 10 percent, the report notes.

see original

November 23, 2009

AP Poll: Americans want medical malpractice reform

see original: While healthcare reform looks to be an inevitability, Republicans in Congress should start hammering this statistic in hopes of at least achieving some of their legislative goals. Unfortunately, the Republican Party doesn’t look to be aware enough to capitalize on this opportunity. They would rather just say no.

WASHINGTON (Legal Newsline)-The majority of Americans say federal lawmakers ought to make it more difficult for allegedly aggrieved patients to sue for medical malpractice, a poll Thursday indicates.

The Associated Press poll found that 54 percent of Americans say they would like to see it more difficult to sue hospitals and doctors over alleged malpractice, while 32 percent said they are opposed to placing limits on medical malpractice litigation.

The Associated Press reported that support for limits on malpractice lawsuits cuts across party lines.

Fifty-eight percent of independents and 61 percent of Republicans said they are in favor of lawsuit limits, while 47 percent of Democrats said they favor making it harder to sue. Thirty-seven percent of Democrats said they are opposed to such measures.
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November 17, 2009

Liability Insurance Climate in Chicago

Produced exclusively for MyMedicalMalpracticeInsurance.com by the Medical Liability Monitor.The Monitor is the only independent source of consistent, reliable coverage and fresh perspectives on medical professional liability insurance and risk management.
(Request a free insurance quote now)

1. Chicago’s Cook County has consistently ranked as one of the worst tort climates in the nation. As such, it ranks in the “top five” most expensive counties to purchase medical liability insurance coverage in America.

2. More than a dozen insurers currently write medical liability coverage in the Chicagoland area. The five companies with the largest market share include: ISMIE Mutual Insurance, American Physicians Assurance Corp., Medical Protective, Lexington Insurance and ProAssurance Corp.

3. Mature, claims-made-coverage base-rate premiums in the Chicagoland area range from $33,305 to $41,066 for Internal Medicine; $92,067 to $127,083 for General Surgery; and $127,083 to $178,291 for OB/Gyns.

4. Currently, the Cook County medical liability market is dominated by Chicago-based ISMIE Mutual, which controls almost two-thirds of the physicians’ coverage in the state of Illinois. ISMIE is an affiliate of the Illinois State Medical Society.

5. The constitutionality of 2005 tort reforms that capped non-economic damages at $500,000 for individual physicians and $1 million for hospitals is currently under appeal in the Illinois Supreme Court.

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Texas Tort Reform: A Good National Model?

side note: The state of Texas has been looked at as an example of strong tort reform, and the result has been lower medical malpractice insurance premiums as well as an influx of doctors wishing to practice in the state.

In 2003, the Texas Legislature passed medical liability reforms that capped non-economic damages for injured patients at $250,000, and brought the number of malpractice lawsuits down dramatically.

The conservative position on health care reform is that medical malpractice claims drive up health care costs and require doctors to practice “defensive medicine” which is costly and wasteful. They believe that medical malpractice lawsuits are a leading cause of rising health care costs. However, health economists and independent legal experts believe that malpractice liability costs are only a small fraction of the costs of the U.S. heath care system, and that medical errors are a huge cost to both the injured patients and the health care system as a whole.

Governor Rick Perry boasted that tort reform that capped injured patients damages was the answer to Texas’ problems. Contrary to his claim, McAllen, Texas is one of the most expensive health care markets in the country, with Medicare spending almost twice the national average per person. Harlingen and Corpus Christi also made the top ten list of expensive cities in the country to receive healthcare.
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November 16, 2009

GOP: Healthcare bill does nothing to rein in medical malpractice lawsuits

side note: Republicans in Congress keep beating the war drum for tort reform to be included in the final healthcare bill. With a White House desperate to appear bipartisanship, will tort reform ultimately be included in the final bill?

A healthcare reform bill passed by the U.S. House of Representatives doesn’t rein in medical malpractice lawsuits, a Republican Party spokesman says.

Rep. Mark Kirk, R-Ill., said Saturday in the GOP’s weekly radio and Internet address that House Speaker Nancy Pelosi, D-Calif., blocked Republicans’ “common sense” healthcare reform ideas, such as tort reform, while passing a Democratic-backed proposal that will only result in higher taxes.

“We could start lowering costs by reining in lawsuits in America,” Kirk said. “We are the most litigious country on Earth. Lawsuit reforms can save billions in healthcare costs alone.”

Kirk, sounding other GOP healthcare reform themes, also called on Congress to allow cross-state purchasing of health plans and to give states the opportunity to test healthcare reform experiments.

“The bill opens a new trillion-dollar entitlement just as our national debt tops $12 trillion,” Kirk said. “Ignoring the future needs of Social Security and Medicare, the bill creates a new massive spending program, supported by heavy taxes and cuts to senior healthcare.”

see original

November 13, 2009

Medical Malpractice: Wrong man’s sperm produces twins — and a shocking accusation

Filed under: Uncategorized — Tags: , , — admin @ 1:32 pm

side note: This is one of the more salacious and odd medical malpractice cases that I’ve read.

Hundreds of women have trusted him with their bodies, and their dreams of motherhood. Many depend on him as their doctor today.

But for nearly seven years, none of Dr. Ben D. Ramaley’s patients have known that the prominent obstetrician/gynecologist had been accused of an almost unimaginable act — substituting his own sperm for that of a patient’s husband during an artificial insemination procedure.

The allegation was made against the veteran Greenwich, Conn., doctor in a 2005 medical malpractice lawsuit – which was quickly settled, then sealed, the very court documents shredded. The suit was filed by a couple when a DNA test revealed that the husband was not the biological father of their twin girls, born after an insemination procedure performed by Ramaley.

The state Department of Public Health investigated after the lawsuit, but did not order Ramaley to undergo a DNA test – even though state law appears to give the department authority to do so. Instead, in a consent agreement negotiated with Ramaley’s attorney, they fined the doctor $10,000 for “using the wrong man’s sperm” in the procedure and allowed him to keep an unrestricted license.

The lawsuit was settled before Ramaley had to answer questions. Through a letter from his attorney, Ramaley denied the accusation to the DPH during its investigation. Contacted this week outside his Southport clinic, he said he had no comment.

A DPH spokesman insisted the department did not have jurisdiction to ask Ramaley to submit to the test, which would determine the truth or falsity of the claim that he fathered the twins himself.

Greenwich Time obtained much of the state’s investigative file on the matter through a Freedom of Information Act request.

The case began in 2002 when a woman visited Ramaley, 61, at Brookside Greenwich Ob-Gyn Associates to have an intrauterine insemination performed. She brought a sample of her husband’s sperm and the hope that the treatment might help the couple get pregnant.

Nine months later, she gave birth to twin girls.

It should have been a joyous occasion, but the mixed-race couple quickly noticed something wasn’t right. The twins had a strikingly fair complexion that seemed impossible considering their father was black.

Their appearance was so uncharacteristic of the couple, in fact, that people frequently asked if the twins were adopted, according the lawsuit.

After several months of speculation and anxiety, the couple sought a paternity test in March 2004, and discovered that the husband was not the twins’ biological father.

The couple filed a lawsuit several months later. One count alleged that Ramaley, identified in the suit only as “Dr. Roe,” had not only used the wrong sperm, but intentionally used his own in an “extreme and outrageous” act.

“Upon information and belief, Dr. Roe intentionally inserted his own sperm into (the patient), causing (the patient) to become pregnant and give birth to children biologically fathered by Dr. Roe,” stated the lawsuit.

“Dr. Roe intentionally concealed that he had inseminated (the patient) with sperm from someone other than (her husband), despite the fact that he knew he had done so.”

The DPH, responsible for medical discipline in the state, launched an investigation of the suit’s claims in January 2007. In October 2007, an outside consultant from the American Board of Obstetrics and Gynecology was brought in to review Ramaley’s case.

The consultant, Dr. Robert Gfeller, a Hartford-area gynecologist, reviewed medical records, DNA results from the twins and the 2005 lawsuit complaint. He determined that Ramaley made serious errors.

“The matter speaks for itself as a violation of this Standard of Care when DNA analysis of the products of IUI conception (the twins) do NOT have the genetic DNA material of the intended father and that, therefore, the sperm of another male was used in the insemination,” Gfeller’s report stated.
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November 12, 2009

Trial Lawyers Fight Back on Medical Malpractice

Filed under: Medical Malpractice Insurance, Tort Reform, Uncategorized — admin @ 10:40 am

side note: It looks as if both sides of the political argument over healthcare reform carry their own individual fears of change.

The American Association for Justice, a group representing trial lawyers, has released a series of web videos designed to make the argument that malpractice litigation is important because medial error is real and can be devastating.

The group, Ben Smith reports, is alarmed that tort reform, long a Republican priority, “may re-emerge as grounds for compromise in the health care negotiations.”

The videos feature Americans discussing tragedies that have befallen them because of medical error. The one above tells the story of Blake Fought, a 19-year-old who asphyxiated and died because a nurse improperly removed an IV line.

“98,000 patients are killed annually by medical errors,” the group says. “That’s like two 737s crashing every day for a whole year. Would we blame the passengers or the airlines? Tort law changes won’t fix health care. Tell Congress to put patients first. There are 98,000 reasons why you should.” The video closes with a plug for a Web site called 98000reasons.org.
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LET´S LOOK AT WHY THE REPUBLICAN´S “NON-REFORM HEALTH CARE PLAN” FAILED?

side note: This is a bit overzealous, but not too far from the truth.

The Republican´s Health Care Plan actually was written by the insurance company lobbyists.

…If the DC insurance lobbyists had asked for one of these, the GOP would have put it in the plan.

Alan Grayson, the Democratic Representative from Florida was recently quoted as saying the following during a radio interview:

“The Republican´s Health Care plan was written by the insurance industry.

The insurance companies wanted tort reform, the GOP put it in their plan.

The insurance industry also wanted to ignore pre-existing conditions, so the Republicans left it out.

The insurance lobbyists wanted to cover fewer Americans than are covered today, and at a higher cost, and that´s how they wrote the plan.

The health care industry didn´t want their private Medicare Advantage subsidies reduced, so the Republicans left out the cuts.”

Then Representative Grayson added;

“If the insurance industry had wanted a pony, the Republicans would have added that to the plan as well.”

Everything that the representative from Florida said is exactly true in what was included or left out of the latest, so-called health care reform package as offered by the Republican Party.
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