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Medical malpractice news

Friday, October 31, 2008
 
Nevada cap on medical damage awards draws criticism
Insurance Journal, CA (Associated Press) - Oct 31, 2008
...Some lawmakers wonder whether the law should be amended again, to protect the public. At the heart of the varied positions is a cap of $350,000 on damages for pain and suffering in all cases...

APCapital's earnings fall nearly 16 percent
Lansing State Journal, MI - Oct 31, 2008
...The East Lansing-based company reported Thursday it earned $11.17 million, or $1.15 per share, for the three-month period that ended in September. That was down from a profit of $13.28 million, or $1.23 per share, during the same period last year...


Medical malpractice news

Thursday, October 30, 2008
 
Wyndmoore physician works for health-care reform
Springfield Sun, Fort Washington, PA - Oct 30, 2008
...The American Medical Association and state- and specialty-level societies all have some sort of patient advocacy, but are looked to by their members "to fight the difficult fights" of medical reimbursement and medical malpractice suits, and have gotten away from patient-oriented work, she said...

Hospitals that vest contract doctors with 'apparent authority' may be held liable
Law.com, CA - Oct 30, 2008
...A state appeals court on Wednesday opened the door wide to malpractice liability for hospitals that use contract doctors in circumstances that lead patients to believe they are staff physicians...

DOJ study: Plaintiffs win more than half of state court civil trials
Law.com, CA - Oct 30, 2008
...But some tort cases did see higher awards. In products liability trials, median awards were five times higher in 2005 and median medical malpractice awards more than doubled...

AP Capital buying back more shares
Lansing State Journal, MI - Oct 30, 2008
Medical liability insurance provider American Physicians Capital Inc. has completed its 2007 stock repurchase plan and started buying back stock under a 2008 repurchase plan...

ProAssurance purchasing PICA Group
Birmingham Business Journal, AL - Oct 29, 2008
...ProAssurance, the nation’s fifth largest medical malpractice insurer, expects the deal to close in the first quarter of 2009. PICA will operate its core insurance activities from its home office in Tennessee.


Medical malpractice news

Wednesday, October 29, 2008
 
Sentiment tested on single-payer health care
Cape Cod Times, MA - Oct 27, 2008
...There are other ways to keep health costs down, Perry said, such as limiting the ability of people to sue for malpractice and having a "serious discussion" about what kinds of coverage should be provided...

Opinion - Lawrence McQuillan: To dig out of the hole, N.Y. must expand economic freedom
New York Daily News, NY - Oct 29, 2008
...New York could put an end to the legal bloodletting by enacting meaningful reforms, such as monetary caps on damages in medical malpractice lawsuits. Many parts of the state face a shortage of physicians, as doctors flee New York for less threatening environs...

Opinion - Jack Lomano: Candidates must address broken health care system
The News-Press, Fort Meyers, FL - Oct 29, 2008
...Malpractice claims against hospitals, physicians, individual health care contractors have drastically depleted funds that could be used to promote good health care...


Medical malpractice news

Tuesday, October 28, 2008
 
Seeking an option to hospital births
The Buffalo News, NY - Oct 28, 2008
...Fitzpatrick said there are other factors to consider, such as access to health care, the structure of the health care system and a universal health care system in some countries. Fitzpatrick blames the high number of C-sections on medical malpractice claims and women requesting them as an elective procedure...

Property/casualty insurers on government rescue funds: No thanks
Insurance Journal, CA - Oct 27, 2008
...AIA member companies offer all types of property - casualty insurance, including personal and commercial auto insurance, commercial property and liability coverage for small businesses, workers' compensation, homeowners' insurance, medical malpractice coverage, and product liability insurance...


Medical malpractice news

Monday, October 27, 2008
 
Pandemic coming -- and it will slam insurers: Lloyd's of London
Financial Week, NY - Oct 27, 2008
...Many forms of liability covers, including general liability, directors and officers, medical malpractice, as well as products offering business interruption and event cancellation could be triggered, the report states...

Lawmakers plan to tackle medical crisis
KHON-TV, Honolulu, HI - Oct 26, 2008
...The state, already with a shortage of doctors, continues to lose specialists due to low reimbursements, medical malpractice lawsuits and a significant lack of health insurance for patients...

Opinion - John Kelly: System's out-of-control costs must be restrained across the board
Centre Daily Times, State College, PA - Oct 26, 2008
...Finally, limits should be placed on the amounts that the courts can award for malpractice damages. The cost of excess litigation is passed onto consumers in the form of higher medical costs...


Medical malpractice news

Thursday, October 23, 2008
 
Oakland court to allow proceedings by phone, live video
Detroit Free Press, MI - Oct 23, 2008
...Court officials say the practice could be particularly effective in civil cases, such as medical malpractice lawsuits, in which experts often are subpoenaed to testify...

Opinion - Dr. Clif Cleaveland: Six ways to repair our health system
Chattanooga Times Free Press, TN - Oct 23, 2008
...The monetary awards in medically related litigation are a small part of our nation’s total expenditures for health care. Fear of a malpractice suit, however, leads care-givers to overuse technology and to employ excessive consultations to cover every possible cause for a patient’s symptoms. This very complex issue should be addressed initially by an expert panel ...

MGMA AC 2008: Survey shows practices' expenses rising faster than revenue
Fierce Health Finance, DC - Oct 22, 2008
...Some groups saw decreases in professional liability costs, but cardiology in particular saw an 8 percent increase in malpractice insurance premiums...


Medical malpractice news

Wednesday, October 22, 2008
 
News release: Medical Liability Monitor publishes 2008 annual survey of medical liability insurance rates
Medical Liability Monitor, Chicago - Oct 22, 2008
Rates for physicians' liability insurance decreased for the large majority of physicians from their 2007 levels, according to Medical LiabilityMonitor's annual nationwide Rate Survey released this week...


Medical malpractice news

Tuesday, October 21, 2008
 
Opinion - Dean Waldman: The Blame Game - No winners
The Huffington Post, NY - Oct 21, 2008
...The blame game in healthcare is the basis of the medical malpractice system (Med-mal) and in turn med-mal prevents error-reduction and suppresses quality improvement...


Medical malpractice news

Monday, October 20, 2008
 
Battle brewing over Pennsylvania budget
The Times-Tribune, Scranton, PA - Oct 20, 2008
...Pennsylvania’s health care debate is often viewed through the lens of the thousands of uninsured adults on waiting lists for a state-subsidized health care program and doctors paying higher malpractice insurance premiums after the Mcare abatement program expired in March...

Health records swap said to save money, lives
Rutland Herald, Rutland, VT - Oct 19, 2008
...According to a 2008 national survey of 130 health information exchanges (networks that connect all the parts of the health care system) the majority reported reduced health care costs, fewer errors in prescribing, better patient outcomes and reductions in malpractice insurance costs...

State Medical Society elects new officers
The Delaware Business Ledger, Newark, DE - Oct 17, 2008
...Other areas where he expects to make progress with legislation and programs include mental health access, universal health care for all Delaware residents, and tort reform to lower the burden of medical malpractice insurance for physicians...


Medical malpractice news

Friday, October 17, 2008
 
Illinois Medical Society president encourages doctors to advocate for medical liability reform law
Journal Gazette, Mattoon, IL – Oct 17, 2008
…Illinois health care was in a crisis in 2004-05 prior to the law’s passage, Swaminathan said. Doctors were dealing with costly liability insurance premiums caused by there being no caps on awards in medical malpractice lawsuits, he said…

Opinion - C. Richard Schott, M.D., FACC – Pa. legislators must resolve MCare
The Delaware County Daily Times, Primos, PA – Oct 17, 2008
…In these dwindling days of opportunity for the governor and our legislators to resolve this crisis, we urge them to stop using physicians in Pennsylvania as pawns and to resolve the Mcare and uninsured issues now in a way that will not drive present and future generations of our best and brightest physicians out of Pennsylvania…

MedPro cuts medical malpractice rates in Texas
San Antonion Business Journal, TX – Oct 16, 2008
…This is the sixth time in the last four years that the Dallas-based primary medical-liability insurer has made a rate reduction. In all, the company has reduced malpractice premiums for Texas physicians by an average of over 37 percent during this period…


Medical malpractice news

Thursday, October 16, 2008
 
Premiums outpace wages, study says
The Bakersfield Californian, CA – Oct 15, 2008
… She said there are many reasons this is happening, including an aging population and new, more expensive technology. Also, doctors are running extra tests out of fear of malpractice lawsuits…

On the issues: What’s in a health-care plan?
Jackson Free Press, Jackson, MS – Oct 15, 2008
… Riding a frenzy of anti-plaintiff zeal, the state Legislature came back around in 2004 and made the $500,000 cap on pain-and-suffering damages in medical malpractice cases permanent, placing a new $1 million cap on pain-and-suffering in all other cases…

ProAssurance buys Georgia legal malpractice insurer
The Birmingham News, AL – Oct 15, 2008
Birmingham's ProAssurance Corp., one of the nation's biggest medical malpractice insurers, will pay $4.3 million to acquire Georgia Lawyers Insurance Co., which provides malpractice coverage for 2,700 lawyers in that state…


Medical malpractice news

Wednesday, October 15, 2008
 
Teleradiology paves way for remote medicine
After Effects, CA - Oct 15, 2008
There are some concerns, though, that it might lead to dangerous misdiagnosis and even those in the industry admit that regulation hasn't caught up with technology when it comes to medical malpractice, ethics and legal liability. Liability, privacy and malpractice issues pose challenges as this new industry expands without a supporting international regulatory framework as well as an ethical code of conduct...

Physicians and lawmakers say doctors need protection from lawsuits
The Morehead News, Morehead KY - Oct 14, 2008
...The ideal way to avoid frivolous cases ending up in court would be for a medical review board to review them first, Neff said. Adkins said the House passed a bill that included just that...

Opinion - Rep. Colleen Meyer, R-Kaawa: Hawaii, help save our doctors
Hawaii Reporter, Honolulu, HI - Oct 14, 2008
...The reason for the high insurance premiums is not due to insurance company greed, like many trial lawyers claim, but because doctors are constantly having to defend themselves from frivolous lawsuits...


Medical malpractice news

Tuesday, October 14, 2008
 
Editorial: Governor, state facing hard times
The Phoenix, Phoenixville, PA - Oct 14, 2008
...Left hanging was the state program that helps doctors pay for medical-malpractice insurance. Rendell wanted to phase out the program known as MCare over five years, while the Senate wanted to extend it to 2011 without necessarily ending it...


Medical malpractice news

Monday, October 13, 2008
 
Opinion - Edward J. Volpintesta: Cost of care
The Advocate, Stamford, CT - Oct 13, 2008
...One that is rarely mentioned, however, is the large amount of money wasted on defensive medicine. That is, the expensive tests and consultations that doctors sometimes do in order to protect themselves against malpractice suits. PriceWaterhouse Cooper estimated recently that defensive medicine is responsible for wasting over $200 billion yearly...

Opinion - Dr. Ralph K. Messo: Why is there a shortage of primary care physicians?
Staten Island Advance, NY - Oct 13, 2008
...Also, decreased reimbursement from the carriers, and increasing malpractice premiums are other factors in the shortage of PCPs...

Despite landmark bills, Pa. legislature has undone work
Philadelphia Inquirer, PA - Oct 12, 2008
...Without a health-care bill, there was no extension of the medical-malpractice insurance subsidy for doctors, known as MCARE, seen as vital to keeping doctors in high-risk specialties in the state. Rendell had threatened to veto any MCARE bill without action on health insurance. As a result, the issue of the insurance subsidy is not yet resolved...

Opinion - Robert Swift: Health care coverage spins in the wind
The Daily Review, Towanda, PA - Oct 12, 2008
Health care is the biggest issue left unresolved from the fall legislative session. Proposals to expand the state-subsidized health care program for uninsured adults and restore a state program to subsidize medical malpractice costs for doctors didn’t come up for final votes...

Opinion - John R. Graham and Michael Ciamarra: A winning diagnosis
The Anniston Star, AL - Oct 12, 2008
...Or an expectant mother who can’t find an obstetrician nearby because high malpractice rates have driven many doctors out of practice. Both patients have little control over their health-care decisions, thanks to onerous intervention by the government...

Opinion - Richard Meehan: Expert witnesses need specific knowledge, credentials
The Norwich Bulletin, CT - Oct 12, 2008
... In Connecticut, a lawyer may not institute a medical malpractice case without a report from a similarly trained expert detailing the specific violations of medical standards of care. To qualify, that expert has to possess credentials similar to those of the defendant health care provider, and have practiced or taught in that field within five years of the incident...

Editorial: Short takes
The Charleston Gazette, WV - Oct 11, 2008
...Under Gov. Bob Wise, the Legislature passed medical malpractice reforms that reversed the trend of doctors departing the state. The West Virginia Medical Association reported that the number of physicians in the state jumped from 4,873 in 2004 to 5,513 this year...

Legislative inaction leaves Pa. health care group's future in question
Pittsburgh Post-Gazette, PA - Oct 10, 2008
...Mr. Rendell's emergency order in July gave his administration and Senate Republicans three more months to negotiate a compromise on his insurance plan and the GOP's proposal to again extend malpractice insurance subsidies to doctors. They failed to do so. The order is set to expire on Nov. 30...

$825: The cost to each person of lawsuit abuse
Morris Daily Herald, Morris, IL - Oct 10, 2008
...Akin said for the past two years the state's largest malpractice insurer has not changed its base rates. This has provided stability so doctors are no longer leaving the state and new doctors are starting practices in Illinois. Akin said the law is being challenged in the Illinois Supreme Court and everything could be undone...


Medical malpractice news

Friday, October 10, 2008
 
Rendell orders health research agency to be kept alive through November
Pittsburgh Business Times, PA - Oct 9, 2008
...Rendell’s first issued an executive order for PHC4 in July when he was unable to reach agreement with legislators on bills to expand health care coverage for the uninsured and medical malpractice coverage for doctors...

Editorial: Gov. Ed Rendell comes up short in hard times
Delaware County Daily Times, Primos, PA - Oct 9, 2008
...In negotiations it was clear the governor wouldn't budge on the MCare issue unless he got the health-care package he wanted, according to several members of Delaware County's Harrisburg delegation. So now the state has neither. That's bad news for doctors getting huge malpractice-insurance bills and for those who remain without basic health-care coverage...

Opinion - Dr. Allan Perer: Meaningful reform is needed to save medical malpractice insurance system
Staten Island Advance, NY - Oct 9, 2008
...The bill, passed in an extraordinary summer session of the legislature, imposed a moratorium on the threatened $50,000 surcharge per physician and double-digit increase in malpractice insurance rates. This bold action initiated by the governor and other statewide elected officials has provided a time frame for meaningful reform of the medical malpractice system...


Medical malpractice news

Thursday, October 09, 2008
 
Lawmakers fail to renew health-care watchdog
Philadelphia Inquirer, Oct 9, 2008
...This summer, Rendell rejected a bill to reauthorize the agency that included an extension of subsidies to doctors for their medical malpractice coverage. Rendell tied the extension of those malpractice subsidies, known as the MCARE abatement, to passage of his insurance plan...

Pennsylvania health care reform effort expires
The Patriot-News, Harrisburg, PA -Oct 8, 2008
...Also unresolved are the future of the Pennsylvania Health Care Cost Containment Council, which is operating on a temporary extension, and Mcare abatement, which provides a state subsidy toward doctors' medical malpractice costs...

Health care premiums rise much faster than income
The News-Times, Danbury, CT - Oct 8, 2008
...She said a PriceWaterhouse Coopers survey found defensive medicine, when doctors order expensive tests to try to avoid medical malpractice lawsuits, adds about $210 billion annually to health care costs. Her group recommends curbing malpractice suits and establishing a special medical court...


Medical malpractice news

Wednesday, October 08, 2008
 
Editorial: Legislators need to address Big Island doctor shortage
Star Bulletin, Honolulu, HI - Oct 8, 2008
... Doctors departing neighbor islands blame the cost of medical malpractice insurance and inadequate reimbursement from the state's largest health insurer. Those problems should be addressed in the Legislature's upcoming session...

Editorial: Appealing to doctors
Berkshire Eagle, Pittsfield, MA - Oct 8, 2008

The Berkshires are not unique in having a difficult time recruiting and retaining physicians. As Jack Dew reported in yesterday's Eagle, a mix of low reimbursement rates, high malpractice fees, and administrative burdens has made Massachusetts an unattractive place to set up shop...

Illinois slipping in key economic competiveness indicators, study finds
Illinois Business Journal, Alton, IL - Oct 7, 2008
...Watson says the state has made some strides in becoming more competitive - the medical malpractice legislation that was passed in 1994, for example. However, the Cook County Circuit Court has found portions of that law to be unconstitutional and the case is now before the Illinois Supreme Court, so that progress could be undone...


Medical malpractice news

Tuesday, October 07, 2008
 
Study: State in need of doctors
Berkshire Eagle, Pittsfield, MA - Oct 7, 2008
...The medical community has proclaimed its unhappiness for nearly a decade. It says low reimbursement rates, high malpractice fees, and a high administrative burden have discouraged doctors from moving to the state, while more than half of all doctors who complete their residency in Massachusetts leave afterward...

Judge: Calif. must pay for prison health care
The Modesto Bee, Modesto, CA (Associated Press) - Oct 7, 2008
...Medical care in California's prisons is so bad it has been ruled unconstitutional. Henderson appointed a receiver to run the prison medical system after finding that an average of an inmate a week was dying from neglect or malpractice...

Editorial: The clock ticks on legislature's duty to perform
The Daily Review, Towanda, PA - Oct 7, 2008
...Gov. Ed Rendell wants to use a surplus in a fund that has helped to cover the malpractice insurance costs of physicians to expand basic health care coverage to more than 700,000 low-income workers. He has said that he will not sign extension of the premium assistance for physicians unless the Legislature approves the expanded health care...

Pediatricians would admit error only half the time
US News and World Report, Washington, DC - Oct 7 2008
...A total of 53 percent of respondents said they would definitely disclose errors, with 58 percent claiming they would disclose all details of the error. About a quarter (26 percent) said they would offer an apology and half said they would talk about ways to prevent a similar error in the future...


Medical malpractice news

Monday, October 06, 2008
 
Rendell makes push on health care for uninsured
Philadelphia Inquirer, Oct 6, 2008
...The deal also would extend state subsidies to cover medical malpractice insurance for doctors. Administration officials and Democratic legislative leaders said they would seek to forge an agreement with Republicans by the time the legislature adjourns at midday Wednesday...

On major state legislation, it's decision time
The Republican & Herald, Pottsville, PA - Oct 6, 2008
...Linked to this issue is a five-year renewal of the doctors’ Mcare abatement fund. The program expired last March and doctors have been paying higher insurance premiums since then. Eachus said his caucus won’t support relief for the doctors and hospitals without similar consideration for the uninsured...

Lack of health care coverage a growing concern
The Saratogian, Saratoga, NY - Oct 6, 2008
...Liability and its ancillary costs are a huge part of the equation. Medical professionals are terrified of malpractice suits so they put you through a whole spectrum of tests even when something appears to be a minor malady, Elmendorf said...

Check your doctor's background online
South Florida Sun-Sentinel, Fort Lauderdale, FL - Oct 6, 2008
...At least 13.5 percent of South Florida's 17,400 doctors have settled or lost medical malpractice cases, a Sun Sentinel analysis of state physician data shows...

I-LAW observes 'lawsuit abuse' week Oct. 6-10
Madison County Record, Edwardsville, IL - Oct 6, 2008
..."The Illinois Supreme Court is poised to issue a ruling on the medical malpractice reform law approved in 2005," he said in a press release...

Opinion - Travis Akin: Illinois needs more not less legal reform
St. Clair Record, Edwardsville, IL - Oct 5, 2008
...The medical malpractice reform law is currently being challenged in the Illinois Supreme Court. If the high court overturns these historic reforms, Illinois' healthcare system will undoubtedly be in crisis again...

Public data ease hospital deaths
The Patriot-News, Harrisburg, PA - Oct 5, 2008
...Republicans have said they won't support it unless they get their way regarding Mcare, which helps doctors pay medical malpractice costs...

Can health care costs really be tamed?
The Star-Ledger, Newark, NJ - Oct 4, 2008
...In terms of network adequacy, we have no shortage of primary care, but you do see more and more physicians leaving the state. Malpractice insurance is high...

Opinion - Linda Rhodes: Pa.'s top patient advocate is being silenced
Delaware County Times, Primos, PA - Oct 3, 2008
...Malpractice relief for physicians and relief for the uninsured are worthy causes, and lawmakers and the governor present persuasive arguments on how to address each. But no one wins using PHC4 as a pawn...

Big Island dealing with doctor shortage
KPUA-TV, Hilo, HI (Associated Press) - Oct 3, 2008
...Hiller and Bellatti say the rising cost of malpractice insurance, low reimbursements and huge workloads are the main reasons for their leaving...


Medical malpractice news

Thursday, October 02, 2008
 
Governor revises health insurance proprosal again
Erie Times-News, PA (Associated Press) - Oct 2, 2008
...The latest plans also include funding for health clinics that serve the poor -- a measure supported by the Senate GOP-- and they would continue for five years a state program that helps doctors pay for malpractice insurance coverage...

Proposal targets spiraling health costs
Sun Journal, Lewiston, ME - Oct 2, 2008
...Malpractice laws have to be changed so that doctors who follow evidence-based protocols are protected, rather than exposed, to increased legal risks...

Opinion - Vicki Rackner, MD - Best debunked medical myths: Medical malpractice lawsuits increase patient safety
Examiner.com, Denver, CO - Oct 2, 2008
...The practice of “defensive medicine” may decrease the odds that patients get safe medical care, suggests a study published in JAMA. Harvard researchers found that over 90% of surveyed doctors in Pennsylvania practice defensive medicine...


Medical malpractice news

Wednesday, October 01, 2008
 
Opinion - Joe Nixon: Proposition 12 a winner five years later
Star-Telegram, Fort Worth, TX - Oct. 1, 2008
Five years ago, Texas voters adopted Proposition 12, the constitutional amendment ratifying the cap on noneconomic damages in lawsuits against doctors that the Texas Legislature established in House Bill 4. The five-year results have been impressive...

Opinion - Kevin Pho: Why doctors still balk at electronic medical records
USA Today - Oct 1, 2008
...In today's environment of rising office and malpractice costs, the decision for doctors to adopt digital records is fiscally unpalatable. David Brailer, former national health information technology coordinator in the Bush administration, puts it best: "The doctors bear all the costs, and others reap most of the benefit."...

Hospital-acquired illness creates 12% of liability: Study
Business Insurance, Chicago, IL - Sep 30, 2008
...The 2008 Hospital Professional Liability and Physician Liability Benchmark Analysis, released Monday, found that hospital-acquired infections, hospital-acquired injuries, objects left in the body after surgery and pressure ulcers represent more than 12% of hospitals' liability costs...


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