by Medical Justice | Oct 15, 2010 | Medical Malpractice, Risk Management
This week a new report was released, indicating that medical malpractice liability costs are likely to rise for both physicians and hospitals. The study, performed by Aon Risk Solutions, cites both claim frequency against hospitals and increased claim severity as the two driving forces behind the anticipated increases in premiums. From their release:
U.S.-based hospitals are expected to face more than 44,000 claims arising from incidents occurring in 2009, according to the report, “Hospital Professional Liability and Physician Liability Benchmark Analysis,” which Aon Risk Solutions put together with the American Society for Healthcare Risk Management. (more…)
by Medical Justice | Oct 6, 2010 | Medical Malpractice, Risk Management
You always knew it could happen. Statistically, you knew it WOULD happen sometime in your career. Now there’s a registered letter on your desk, from a law office, and you’re afraid to open it. You summon up the courage to read it, and find that a patient you’ve done your best for has decided to sue. As far as you recall, there wasn’t even a bad outcome, but you must’ve missed something, because there’s this letter on your desk informing you that they’ve been retained by your patient, and requiring records as part of their fact-finding. Now what? (more…)
by Medical Justice | Sep 8, 2010 | Healthcare Reform, Medical Malpractice
The past couple of years have been full of promises. There was going to be health care reform, universal coverage, coverage for those who have pre-existing conditions, a sincere attempt to reduce the obscene cost of health care… the list goes on and on. So far, unfortunately, the bottom line is actually a step or three backwards.
Yes, Congress did pass what they CALLED healthcare reform. But it didn’t have one word in it about tort reform. To make matters worse, several states’ supreme courts are now hearing cases that claim that caps on awards are unConstitutional. To make matters worse yet, those cases are winning. At least some of that is because judges don’t like being told what they can or cannot do/award, even if the caps are reasonable. So even when a state makes a tort reform law, the System seems bound and determined to override it. (more…)
by Medical Justice | Sep 1, 2010 | Healthcare Reform, Medical Malpractice
All across the nation, states are pushing cases that challenge the sanity of tort reform laws. In states where tort reform has been enacted, cases are making their way up through to that state’s Supreme Court, complaining that the law against maximum awards (caps) on pain and suffering are either insufficient, or shouldn’t exist at all. Some judges seem to side with the plaintiffs — not because they think the plaintiffs are necessarily getting an unfair verdict, but because they don’t like laws that limit their autonomy. Some might claim this is legislating from the bench as well. In the bigger picture, the awards themselves aren’t what’s putting a stranglehold on the medical profession. In a practical world, then, why should we care? (more…)
by Medical Justice | Aug 18, 2010 | Medical Malpractice, Reputation Management
Any health care professional will tell you that an ounce of prevention is worth a pound of cure. This holds true for the many ills of medical and dental malpractice suits as well. The time to get insurance is BEFORE you’re sued, just as the time to get preventative medicine is before you get sick. Most health care professionals know this. Most wouldn’t dream of being without medical malpractice insurance. Most would do anything they could to reduce the risk of being sued, if only they knew what else to do. Read on for the magic bullet. (more…)
by Medical Justice | Aug 12, 2010 | Medical Malpractice, Risk Management
It is said that the best defense is a good offense. While this axiom of warriors may not be the first inclination of gentile healers, the trial lawyers and other opportunists have made a good offense a necessary part of survival in the medical profession. The proactive approach is foundational to mitigating risks in this litigious time and society. In short, you’ve got to be a step or two ahead of the greedy few to keep them at bay. And taking steps to prevent the case from ever being filed in the first place is the best way to avoid the disruption of your practice, as well as the risks and other expenses inherent in a medical malpractice suit, no matter how frivolous it may be. Since 95% of all doctors will probably be sued for malpractice at some time in their career, it’s a wise move to ensure that you minimize the impact of that suit. (more…)
