Introduction II. Anatomy Of The Medical Malpractice System III. Flat Line: Incorrect Handling Of Future Medical Care Costs A. Consequences For Physicians And Private Insurers B. Consequences For Patients IV. "Paddles Please!": The Louisiana Medical Malpractice System A. The Louisiana Medical Malpractice Act: Initial Incarnation B. The Louisiana Medical Malpractice Act: Reincarnation with Future Medical C. Jurisprudence Clarifying Issues Related to the Patient's Compensation Fund V. Future Medical Resuscitated: The Louisiana System A. Consequences Of The Louisiana System For Physicians And Private Insurance Companies B. Consequences Of The Louisiana System For Patients C. Comparative Evaluation D. Clots In Louisiana's System? VI. Conclusion: Stable Vital Signs?
A recent study appeared in the New England Journal of Medicine pointing out that each year one in 14 doctors gets sued. It also reported that depending on whether their specialty is high risk, such as neurosurgery, or low risk, such as pediatrics, 75 percent to 99 percent of doctors had been sued by age 65. Although only about one in five claims resulted in payment to a plaintiff, the suits have made most doctors fearful of being sued because of potential damage to their reputations. For doctors, their reputations are the most precious thing they possess. There are other fears. Doctors know that some lawyers, in an aggressive move to force a settlement, threaten to attach a physician's personal assets. Such questionable tactics are one of the reasons doctors have been trying to change t...
TALLAHASSEE, Fla., Jan. 19, 2012 /PRNewswire/ -- A recent poll suggests 93 percent of Florida physicians support the 2012 legislation filed to create a Patients' Compensation System. Florida lawmakers Sen. Alan Hays (R-Umatilla) and Rep. Jimmy Patronis (R- Panama City) are sponsoring the proposed 2012 legislation that aims to replace the current medical liability system and eliminate up to $40 billion per year in unnecessary medical costs in Florida. Senate Bill 1588/House Bill 1233 would replace Florida's broken medical liability system. The system, provided at no cost to taxpayers, would:
The medical malpractice crisis of the last few years has tapped a lot of scholarly energy. These experiences have led researchers to think a lot about the amount and quality of information circulating within or concerning the medical malpractice system, and about public policy reforms that would improve information flow in the future. Relational uses of information fall under two rubrics based on their respective goals: to enhance competition among providers, or to make it more likely that expert advisers will honor their responsibilities to the people they undertake to serve. Regulatory, as opposed to relational, uses of information contemplate the government acting in the interest of society as a whole or a broad subset of the citizenry. Sound information policy requires thinking more...
To: HEALTH EDITORS Contact: Jessie duPont of Goodman Media, +1-212-576-2700 x223, jdupont@goodmanmedia.com
Malpractice system is in need of reform Here we go again. Every few years the president of the New York State Trial Lawyers Association graces The News with a self-serving defense of the current medical malpractice system.
Favored reforms: * Increased availability of healthcare cost information (90 percent). * Reform medical malpractice system to help reduce defensive medicine (87 percent). * Make it easier to offer high deductible plans with health savings accounts (86 percent). * Repeal laws chat prevent health insurance competición across state lines (83 percent). * Make individually purchased health insurance fully tax deductible (83 percent). * Reform Medicare to provide for greater patient choice and responsibility (82 percent). * Tax credits to employers with 25 or fewer employees if they provide insurance (76 percent). * Create a national high risk pool for those with pre-existing conditions (69 percent). * Revise federal tax forms so individuals could voluntarily contribute to people without insu...
TALLAHASSEE, Fla., Nov. 16, 2011 /PRNewswire/ -- The James Madison Institute today released a study in partnership with Patients for Fair Compensation. Titled "Alternative Solutions to Florida's Medical Malpractice System" the report details the negative impact on patient care due to the practice of defensive medicine. Citing case law and recent quantitative studies, the JMI report reveals a Florida tort system that is deeply flawed, one wherein only a handful of injured patients receive compensation, where malpractice cases take years to resolve, and damage awards are inconsistent. The report suggests that far from promoting patient safety, the current tort system discourages accurate medical error reporting among healthcare providers, as doctors try to protect themselves against the c...
A new program designed to help settle medical malpractice cases sooner is being implemented in the Eighth Judicial District. The idea is to get judges involved earlier to settle cases, saving time and money for everyone involved. Judge Ann Pfau, statewide coordinating judge for the state Unified Court System's medical malpractice matters, said medical malpractice cases can take years to prosecute, so the thought was to create partnerships with hospitals and insurers and give them back those years.
I am a physician who recently moved from West Virginia to Florida. I am still missing the wonderful people and great lifestyle in the Mountain State. Florida is crowded, hot and impersonal, but a great place for people to find work. I witnessed firsthand the "malpractice crisis" in my home state. I saw premiums doubling and insurance companies leaving the state. But none of those factors had anything to do with my expatriation.
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