Med Mal News

Connecticut Lawmakers Hold Hearings on Malpractice Reform

In testimony before Connecticut's Legislative Program Review Committee on September 18, the state's insurance commissioner, Susan Cogswell, urged lawmakers to set a $250,000 cap on pain and suffering awards as a remedy for the state's medical malpractice insurance crisis. Also taking part in the 5-hour hearing were advocates for the medical profession, insurance industry, victims of medical malpractice and attorneys. The state's largest medical malpractice insurer, Connecticut Medical Insurance Co., was represented by its CEO, Denise Funk, who testified that a $250,000 cap on non-economic damages would allow the company to immediately lower premiums by 10%.

Victims' advocate George Meder, whose child died during outpatient surgery for an ear condition 3 years ago, pointed out to the legislators, however, that Connecticut ranks 40th among states in disciplining its doctors for substandard performance. He maintained that it was more important to the cause of reducing medical malpractice insurance premiums for doctors who are repeat offenders to be prevented from practicing. Defense attorney Roland F. Young III suggested to the legislators that defense counsel should be informed at the outset of a case as to which doctor had certified the matter as worthy of suit, so that legitimacy of grounds for the action could be evaluated earlier.

Florida Provider Web Site Information Inadequate

The Palm Beach Post reported on September 26 that the state's provider Web site (http://www.doh.state.fl.us/mga/Profiling/), which is used by those seeking health care providers, often fails to report on problematic doctors. This is because the information posted is self-reported by the doctors. The Web site, maintained by the Health Department, has always carried a disclaimer to this effect, but until September 25, it also claimed that the site could be relied on to keep track of the criminal records of listed doctors. It no longer makes this claim because of problems with keeping this information accurate and up-to-date. For instance, the Post reported that in January of this year, after a psychiatrist licensed in Florida and New York was sentenced for manslaughter in the death of a patient, the Palm Beach County State Attorney's Office sent the Florida and New York Health Departments notification of the conviction. New York quickly revoked the doctor's license and removed his profile from the state's web site. Florida, however, took no action, leaving the doctor's old information on the site unchanged for 9 months.

PA Doctors Again Instructed Not to Pay Entire MCARE

The Pennsylvania Insurance Department has directed companies writing medical malpractice liability insurance in Pennsylvania to begin billing health care providers for the 2003 Medical Care Availability and Reduction of Error Fund (MCARE) premium. The bills will contain a note requesting that doctors in high-risk specialties withhold payment of the MCARE premium, and that all other doctors pay half of the MCARE assessment for 2003. By abating the premiums for at least the next three years, Pennsylvania Gov. Edward G. Rendell hopes to provide doctors with relief from high medical malpractice premiums until additional reforms to the system can be made. Gov. Rendell is still working to find the $220 million he pledged to help doctors pay their MCARE Fund premiums by the end of the year.

Texas Constitution Amended to Allow for Caps

The citizens of Texas, in a race that was about as close as they get, voted September 13 to approve an amendment to the state's constitution placing limits on medical malpractice awards. The vote on Proposition 12, which changed the Texas constitution to allow enforcement of the limits on awards the state's legislature had already voted to impose, passed by a margin of 51% to 49%. The bill had been opposed by attorneys and law enforcement officials who argued that it would violate the Texas Bill of Rights by limiting citizens' access to the courts.

The amendment puts a limit of $750,000 per case on non-economic damages for medical malpractice. A maximum of $250,000 of that amount can be levied against the doctor and another $500,000 can be awarded against a hospital or similar facility. Economic damages are not capped, but the amendment preserves the legislature's right to cap such other types of damages if a measure to that effect gains a three-fifths vote.

Connecticut Lawmakers Hold Hearings on Malpractice Reform

In testimony before Connecticut's Legislative Program Review Committee on September 18, the state's insurance commissioner, Susan Cogswell, urged lawmakers to set a $250,000 cap on pain and suffering awards as a remedy for the state's medical malpractice insurance crisis. Also taking part in the 5-hour hearing were advocates for the medical profession, insurance industry, victims of medical malpractice and attorneys. The state's largest medical malpractice insurer, Connecticut Medical Insurance Co., was represented by its CEO, Denise Funk, who testified that a $250,000 cap on non-economic damages would allow the company to immediately lower premiums by 10%.

Victims' advocate George Meder, whose child died during outpatient surgery for an ear condition 3 years ago, pointed out to the legislators, however, that Connecticut ranks 40th among states in disciplining its doctors for substandard performance. He maintained that it was more important to the cause of reducing medical malpractice insurance premiums for doctors who are repeat offenders to be prevented from practicing. Defense attorney Roland F. Young III suggested to the legislators that defense counsel should be informed at the outset of a case as to which doctor had certified the matter as worthy of suit, so that legitimacy of grounds for the action could be evaluated earlier.

Florida Provider Web Site Information Inadequate

The Palm Beach Post reported on September 26 that the state's provider Web site (http://www.doh.state.fl.us/mga/Profiling/), which is used by those seeking health care providers, often fails to report on problematic doctors. This is because the information posted is self-reported by the doctors. The Web site, maintained by the Health Department, has always carried a disclaimer to this effect, but until September 25, it also claimed that the site could be relied on to keep track of the criminal records of listed doctors. It no longer makes this claim because of problems with keeping this information accurate and up-to-date. For instance, the Post reported that in January of this year, after a psychiatrist licensed in Florida and New York was sentenced for manslaughter in the death of a patient, the Palm Beach County State Attorney's Office sent the Florida and New York Health Departments notification of the conviction. New York quickly revoked the doctor's license and removed his profile from the state's web site. Florida, however, took no action, leaving the doctor's old information on the site unchanged for 9 months.

PA Doctors Again Instructed Not to Pay Entire MCARE

The Pennsylvania Insurance Department has directed companies writing medical malpractice liability insurance in Pennsylvania to begin billing health care providers for the 2003 Medical Care Availability and Reduction of Error Fund (MCARE) premium. The bills will contain a note requesting that doctors in high-risk specialties withhold payment of the MCARE premium, and that all other doctors pay half of the MCARE assessment for 2003. By abating the premiums for at least the next three years, Pennsylvania Gov. Edward G. Rendell hopes to provide doctors with relief from high medical malpractice premiums until additional reforms to the system can be made. Gov. Rendell is still working to find the $220 million he pledged to help doctors pay their MCARE Fund premiums by the end of the year.

Texas Constitution Amended to Allow for Caps

The citizens of Texas, in a race that was about as close as they get, voted September 13 to approve an amendment to the state's constitution placing limits on medical malpractice awards. The vote on Proposition 12, which changed the Texas constitution to allow enforcement of the limits on awards the state's legislature had already voted to impose, passed by a margin of 51% to 49%. The bill had been opposed by attorneys and law enforcement officials who argued that it would violate the Texas Bill of Rights by limiting citizens' access to the courts.

The amendment puts a limit of $750,000 per case on non-economic damages for medical malpractice. A maximum of $250,000 of that amount can be levied against the doctor and another $500,000 can be awarded against a hospital or similar facility. Economic damages are not capped, but the amendment preserves the legislature's right to cap such other types of damages if a measure to that effect gains a three-fifths vote.