News: Medical Malpractice Insurance and Physician Practices

side note: This is a growing trend among states to figure out ways to lower their growing debt. Healthcare costs are a major factor in most states and it’s about time they started tackling the unavoidable issues down the road. Medical Malpractice Insurance costs play a role in many ways then the average American thinks. Most think it just hits the physician in the pocketbook, but the data is showing that in states where medical malpractice insurance rates are higher then most…..those states are starting to see their physicians move to other areas of the country where med-mal rates are a lower. One state that is benefiting is Texas……they are seeing an influx of new doctors. The impact this has on those other states with high premiums is that they are losing the specialists that typically pay the most for their liability insurance. States need to avoid this b/c they do not want their citizens driving 100 miles to visit an OB/GYN, or a neurosurgeon. We here at Cunningham Group know how important it is for a state to protect one of their most important assets: Doctors. We support Tort Reform or any other measure that lowers the cost of medical malpractice insurance for doctors. Click to request a free, no obligation quote to see if we can lower your medical malpractice insurance costs.

InsuranceJournal.com
March 22, 2011

Vermont lawmakers may ask the Shumlin administration to produce recommendations for reforming the medical malpractice system in the state with an eye to lowering health care costs.

In debates over health care reform both at the state and federal level, the issue of medical malpractice claims often gets raised, with a particular focus on the defensive medicine doctors are said to perform to prevent potential lawsuits.

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I’ve had an Iphone for about 2 years now, and I’m sure like anyone that owns one of Apple’s mobile devices, you are checking under the categories that most interest you. Being as though my best is an MD, and that I work for a medical malpractice insurance company, “Medical”, is one I check most often.

I was extremely excited to learn that the federal government has also put their backing behind mobile apps, because for the first time, the FDA approved one. Mobile MIM was developed by MIM Software, and it allows physicians and healthcare professionals to send and receive advanced medical imagery to their apple device to analyze them. The FDA did make clear that this app should not replace the typical medical station, but should be good enough for doctors away from the office.

“This important mobile technology provides physicians with the ability to immediately view images and make diagnoses without having to be back at the workstation or wait for film,” said FDA Center for Devices and Radiological Health spokesperson William Maisel.

We have always thought that technology, if implemented properly, could save a physician time and possibly money. Doctors are some of busiest people on the planet……trust me if you aren’t one, or don’t know one. I barely get to see my best friend anymore….but I know he’s doing what he loves: helping people. If by using technology a doctor can see one extra person a day……this will put more money back in their pockets. Which is exactly what we like to do here at Cunningham Group. We are the nation’s leaders in providing physicians and healthcare professionals with medical malpractice insurance. Request your free quote today.

side note: We here at Cunningham Group have been following this closely since this is in our backyard. Granted, we insure physicians and other healthcare professionals across the nation, but we got started in Illinois and share the same concerns stated in this study, because our numbers are showing something very similar. In addition, we are hearing throughout the state that this is a growing trend, especially central and southern portions of the state. Since we work for physicians, we were saddened to see the State Supreme Court rule against caps…which has not allowed medical malpractice insurance costs to drop. When surveying the medical malpractice insurance climate across the nation, we understand why doctors would move….they can pay as much as 70% less for their med-mal insurance. Since we are the nation’s leading medical malpractice insurance company……we have helped literally thousands of physicians move to a new location and have saved them quite a bit of money. If you are thinking of moving and want to make sure you are properly covered in your new location, no matter the specialty, contact Cunningham Group and let the experts give you hand. Click to receive your free Medical Malpractice Insurance Quote.

Northwestern University
Feinberg School of Medicine

Half of all graduating medical residents or fellows trained in Illinois leave the state to practice medicine elsewhere, in large part due to the medical liability environment in Illinois, according to a new study from Northwestern University Feinberg School of Medicine. The study, the first to examine the state’s supply of new physicians, warns that Illinois will face a critical doctor shortage – especially in rural areas – if new strategies aren’t adopted to stem the exodus.

“Many of those who leave are just heading across the border to Wisconsin or Indiana,” said Russell Robertson, MD, a lead study author and professor and chair of family and community medicine at Feinberg and of family medicine at Northwestern Memorial Hospital. “Many of these new graduates cite Illinois’ toxic medical malpractice environment as a major reason. The Illinois Supreme Court’s decision to lift the liability caps seems to send the message that the potential for litigation supersedes the need for residents of Illinois to get needed health care.”

With the national shortage of physicians, Illinois must change its malpractice policies and improve recruiting to remain competitive with other states, the study says. The situation will become more critical as the implementation of health care reform and aging Baby Boomers’ medical needs escalate the demand for health care. Compounding the shortage, more doctors nearing retirement age are in general internal medicine, while newly graduating doctors are more likely to be specialists.

The 2010 Illinois New Physician Workforce Study surveyed 561 graduating Illinois medical students in the spring of 2010. It examined graduating residents’ and fellows’ plans for entering the workforce and the reasons for their choices. The study was commissioned by Feinberg in partnership with the Illinois Hospital Association and the Illinois State Medical Society.

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Side note: A New Hampshire woman is suing St. Joseph Hospital in Nashua, and two doctors, for 5 million dollars. The medical malpractice lawsuit claims that the doctors failed to properly diagnose her bacterial meningitis leading to her permanent disability. Jane Revells, the plaintiff was a healthy, normal woman who worked as a kitchen designer when she visited the emergency room at St. Joseph Hospital on Jan. 10, 2008 complaining of nausea, vomiting, head-ache and fever. She was diagnosed and treated for an ear infection and sent on her way. Over the next few weeks her condition worsened and the doctors at St. Joseph continued to misdiagnose her illness. Five days later Revells returned to the hospital and a CT scan reveled that she was suffering from bacterial meningitis; by that time the damage had already been done. Due to the infection she suffered from several strokes that have left her permanently disabled leading to the medical malpractice lawsuit. We know that doctors are human but for the most part, within the court system, they are usually held to a higher standard. We protect our physician clients by keeping them informed on the liability climate in their state. We’ve been doing this the longest and are the best at providing the best terms and service for your medical malpractice insurance needs.

By ANDREW WOLFE
Staff Writer CONCORD
– A former New Hampshire woman seeks $5 million from St. Joseph Hospital in Nashua and two doctors, claiming doctors there failed to promptly diagnose and treat her bacterial meningitis, leaving her permanently disabled.

Jane Revells, formerly of Milford and now of Jakin, Ga., filed suit Tuesday in U.S. District Court against the hospital and Drs. Peter Row and Eric Hoffman.

The hospital has yet to respond to the suit, and no one there could be reached for comment.

Revells’ lawyer Richard Fradette of Beliveau, Fradette, Doyle & Gallant, PA, in Manchester said the case is one that has merit.

According to Fradette, Revells was an everyday kind of woman who did kitchen designs before falling ill and going to the hospital repeatedly.

“She suffered serious, serious injuries including two strokes,” Fradette said.

According to her suit, Revells went to the hospital’s emergency room on Jan. 10, 2008, after suffering for three days with nausea, vomiting, headache and fever. She was diagnosed with an ear infection and treated accordingly.

Revells returned to the hospital two days later, Jan. 13, as her symptoms had gotten worse, and included hearing loss, altered mental state and difficulties with walking, her suit states. Dr. Row ordered a CT scan, blood and urine testing and a psychological examination, her suit states. Despite test results suggesting something more seriously amiss, her lawsuit states, Row diagnosed Revell with stress and a sinus infection and discharged her.

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Side Note: this article reports on a new study that examined the merit of apologizing for errors in medicine.  Its finding were consistent with previous research – admitting fault for a medical mistake, apologizing, and offering a fair settlement can help reduce legal costs and cut down on claims.  Good communication with patients is an essential physician risk management tool, and this includes apologizing for a mistake.  While apology can have beneficial effects on the malpractice system, it can not fix a broken system by itself.  Equally important are legal reforms like changes in limits on pain and suffering and statutes of limitations.

by Jennifer Goodwin
Business Week

TUESDAY, Aug. 17 (HealthDay News) — When doctors make mistakes, admitting the error, saying “I’m sorry” and offering compensation may go a long way toward preventing malpractice lawsuits, new research shows.

In 2001, University of Michigan Health System launched a program encouraging health workers to report medical mistakes. The program included a procedure for telling patients and their families about errors; explaining who made the error, how it occurred and what steps were taken to prevent a similar mistake in the future; making a sincere apology to the patient or their family; and offering fair compensation for harm when at fault.

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Side Note: this article from New Jersey publication NJ Spotlight discusses recent intensified calls by advocate groups for reform to the state medical malpractice system.  Groups representing interests in medicine, law, business, and nursing have ramped up their efforts in support of tort reform legislation as a response to the growing shortage of physicians in New Jersey.  Other groups disavow any connection between rising malpractice insurance premiums and physician shortage, but a physician deficit is a serious concern and must be avoided at all costs.  The advocates in New Jersey have been successful in spurring the drafting of a bill in the legislature.  The bill, which is in its nascent stages, lays out reforms like limiting insurer’s ability to raise premiums on doctors who are being sued, decreasing the statute of limitations in malpractice cases, and protecting volunteer doctors from lawsuits.  This last provision is a particularly urgent matter, as many doctors wish to volunteer in free clinics but are currently unable to do so because of the cost of insurance.  This denies care to the neediest members of our society, and has been addressed successfully in other states.  The Cunningham Group supports these efforts to advance tort reform and hopes to see them succeed.

by Linda Moss
NJ Spotlight

With New Jersey facing a worsening shortage of physicians, key medical and business groups say there’s only one way to stem the losses: Take action now to reform the medical malpractice laws that are costing the state its doctors. And policymakers are getting the message, crafting legislation aimed at addressing the issue.

“In medical malpractice, I think you’ve seen great concern among doctors that our civil justice laws don’t give them adequate protection from abusive lawsuits,” says Marcus Rayner, executive director of the New Jersey Lawsuit Reform Alliance (NJLRA), a statewide group representing businesses, law firms, and medical and nursing associations.

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Side Note: This article reports on newly released data from the AMA.  The AMA’s survey collected a variety of information on malpractice cases  from a large number of physicians.  The results showed that a sizable majority of physicians over 55 have been sued, and that a majority of doctors will probably be sued in their careers.  The survey confirmed some trends in malpractice cases, finding that obstetrics and surgery are still the highest-risk specialties and that family medicine and psychiatry present lower exposure to lawsuits.  One interesting finding was that men are twice as likely as women to be sued, probably due at least in part to the fact that they are overrepresented in high-risk specialties.  This data confirms a dangerous trend toward an ever more litigious society at a time when health care costs are already skyrocketing.  This trend will exacerbate the problem of defensive medicine, costing consumers billions of dollars.  Meaningful tort reform can help reverse this troubling course, so it is vital that physicians and health care consumers lobby their representatives in Congress to pass measures like caps on non-economic damages, decreased statutes of limitations and more stringent qualifications for expert witnesses.

by Emily Walker
ABC News

WASHINGTON — More than 60 percent of doctors over the age of 55 have been sued at least once, according to a new survey by the American Medical Association (AMA).

Although most of those claims are dropped or dismissed, the new survey from the AMA shows that most physicians will be sued for malpractice at some point in their careers. This works out to an average of 95 medical malpractice lawsuits having been filed for every 100 physicians now in practice, according to the association.

“This litigious climate hurts patients’ access to physician care at a time when the nation is working to reduce unnecessary health care costs,” said AMA immediate past president Dr. J. James Rohack in a prepared statement.

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side note: Once again a state faces a critical choice in keeping high-risk specialties within it’s borders. Nevada faces a crucial test over the law that limits non-economic damages in medical malpractice suits to $350,000. Most physicians, and Cunningham Group, argue that this has allowed physicians from most specialties to remain in the state b/c not only are trial lawyers more apprehensive in taking on med-mal cases (b/c there’s not enough money in it for them), but this has allowed doctors to not have their medical malpractice insurance rates spiral out of control, like they have in Illinois, Ohio, Florida and a host of others. Granted, with companies such as Cunningham Group, a doctor can shop their medical malpractice insurance around to each and every insurance market in the state to get the lowest price possible….but we do this in other states, like the ones named above, and we do get the lowest price…..but sometimes the cost of medical malpractice insurance in those states can never really have “low” connected with them…..for example, an OBGYN in Florida can pay over $200,000 for just their malpractice insurance!! If you are a physician…and want to start saving on your med-mal, fill out our quick and easy med-mal insurance quote form and start saving!

The Wall Street Journal
by Clifford M. Marks

A challenge to Nevada’s cap on medical malpractice damages has doctors in the state on edge.

The measure in question limited non-economic damages in medical malpractice suits to $350,000, which doctors argued was critical to keeping physicians from fleeing the state due to sky-high insurance premiums. But plaintiffs in one case are attacking that cap on multiple grounds, reports the Las Vegas Review-Journal, and the state’s highest court has asked the parties to file briefs in the suit.

First, the plaintiffs, family members of a woman who was allegedly the victim of a misdiagnosis, are arguing that the cap is a limit on each particular claim–not the event as a whole. So in that case, which involves a family estate and seven surviving family members, each party could have a claim against the doctor and the hospital. That’s 16 claims–or $5.6 million in possible non-economic damages. Many doctors argue the cap should be $350,000 regardless of the number of claims.

If the high court sides disagrees with the $5.6 million interpretation, the plaintiffs will ask that the entire cap be ruled an unconstitutional violation of equal protection guarantees in the U.S. and Nevada constitutions.

As many as 30 states have passed similar caps, writes the Review-Journal, and courts across the country have split on whether they’re constitutional.

In April, the Georgia Supreme Court ruled against a limit in its state, writing that such a rule strips juries of their rightful role in determining damages.

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