Category Archives: Newsletter

April 2018 Newsletter

Improving patient care by removing threat of lawsuits In an effort to better understand the impact that medical lawsuit abuse has on health care providers, a recent study granted immunity from liability lawsuits to practicing physicians – and studied the after affects. Over the course of six years, 900 clinically active employed physicians at Jackson Memorial Hospital, part of the University of Miami, could be deemed agents of JMH and received the protections of sovereign immunity when they were providing medical care at a JMH facility. Not only was there no negative impact on patient safety, but the number of harmful events decreased by 13 percent over a four-year period. “This study suggests that without the threat of malpractice lawsuits, physicians are still committed to delivering the safest, highest quality patient care possible,” said Dr. David A. Lubarsky, chief medical and systems integration officer at the University of Miami Health System and the study’s lead author. The immunity offered physicians an opportunity to treat patients without the threat of liability lawsuits, reducing the incentive to practice defensive medicine. “An effective liability system should offer incentives to institutions that adopt safer systems,” Dr. Lubarsky said, citing better patient data sharing, education,…

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March 2018 Newsletter

Bad examples: New York, Pennsylvania lead national liability rates Without reform to keep medical lawsuit abuse in check, examples of the inefficiencies of our nation’s liability system are emerging in several states in the form of increasingly large payouts. According to a recent survey by Diederich Health Care, a medical liability insurance and consulting company, New York topped the list for the largest liability payouts in 2017 with a total of nearly $618 million, with Pennsylvania second at $342 million and Illinois not far behind with $301 million. What do these states have in common? None have reasonable limits on non-economic damages in place, with liability climates that have worsened in recent years due to lawmakers who are more likely to push for changes that benefit personal injury attorneys rather than patients. In New York, 30,000 members of the Medical Society of the State of New York opposed extending the state’s statute of limitations on liability claims because it would increase their already high liability costs and drive more doctors out of the state. Unfortunately, the law passed, lengthening the statute of limitations from 15 to 30 months, beginning not when the error occurred, but the date at which the…

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February 2018 Newsletter

Show me liability reform A recent push for liability reform in Missouri could show patients how a reduction in medical lawsuit abuse can improve access to care across the states. Building on Governor Greitens’ emphasis on the need for changes to the state’s liability system, a new bill would bring an efficient resolution to those with legitimate claims. The latest bill, introduced by State Senator Dan Hegeman, allows physicians to address claims promptly by redefining the statute of limitations to three years. “Missouri has not amended the five-year statute since 1939,” Hegeman told the Senate government reform committee. “While five years may have made sense in an age when transportation and communication were more challenging, there is no reason today for an injured person to need so much time to file the action.” The shorter statute of limitations gives physicians peace of mind that any claims of negligence are addressed quickly, and deserving patients benefit from a system that better separates meritless lawsuits from rightful claims for damages. To read more about Missouri’s efforts to further reform their liability system for patients and physicians, click here. Sweeping changes to liability system would bring benefits to Kentucky Initiating legislation that would…

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January 2018 Newsletter

Medical organizations paving the way for Senate consideration of liability reform Following House passage of comprehensive medical liability reform in 2017, medical organizations representing patients and physicians, including the HCLA, have taken a leading role in aiming their efforts at Senate consideration of the legislation. With a goal of reducing medical lawsuit abuse and enacting federal reforms that eliminate inconsistent and ever-changing state liability laws, specialty physician organizations and health care coalitions have emphasized the need to move forward on reform. Citing a need to compensate those patients who are truly the victims of medical negligence, American Association of Family Practitioners president Michael Munger, MD emphasized that reform is needed because “too much money is diverted from patient care to liability insurance premiums and the legal fees that are part of a lawsuit.” The bill under consideration relies on a history of success among states with the climate to enact such positive reforms. “This legislation adopts many of the reforms which have been thoroughly tested in the states and which have proven successful in improving the medical liability climate in those states,” stated the American College of Gynecologists and Obstetricians. The American Association of Neurological Surgeons, also an HCLA member,…

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December 2017 Newsletter

Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including medical liability lawsuits. At the top of the list this year was Florida, where once-strong medical liability reforms have been continuously rolled back at the expense of patients seeking affordable and accessible care. “This year, thanks to a state high court majority’s barely contained contempt for the policy-making authority of the legislative and executive branches of government, and a notoriously aggressive and sometimes lawless plaintiffs’ bar, Florida earns the ignominious #1 ranking among eight Judicial Hellholes…” said American Tort Reform Association president Tiger Joyce. Also high on the list was St. Louis, where “antiquated rules have made it a favorite of personal-injury lawyers shopping for big-money verdicts” resulting in $300 million in awards since 2015. However, recent changes in state government, including a governor in support of changes to the liability system, do hold promise for much-needed reform in the coming year. To read more about ATRA’s “Judicial Hellholes” executive summary and report on the where physicians and defendants fare the worst when it comes to…

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November 2017 Newsletter

Physician opinions: medical liability lawsuits and impact on care Holding strong opinions about the current liability climate, its impact on patient care, and the way to discourage medical lawsuit abuse, physicians weighed in on the way toward comprehensive medical liability reform. Surveying over 4100 physicians across more than 25 specialties currently practicing in the US, Medscape captured the prevailing thoughts of physicians who bear the brunt of a broken system that costs too much, takes too long, and undermines their relationship with their patients. With 55 percent of those taking part in the survey responding that they had been named in a medical liability lawsuit, specialists across surgery and OB/GYN practices were found to be most likely to be sued. Eighty-five percent of respondents in each specialty noted that at one point or another in their careers, they were forced to spend countless hours on defense preparation and in court for lawsuits, that, 40 percent of the time, took between one to two years to resolve. As a result, 45 percent of physicians report that the threat of medical liability lawsuits are on their mind all or most of the time – a driving factor in the practice of defensive…

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October 2017 Newsletter

Oklahoma Supreme Court ruling could lead to medical lawsuit abuse Patients and physicians in Oklahoma could face a deteriorating liability climate in the coming years, as the state Supreme Court recently ruled against an effective liability reform. This setback to accessible and affordable care is the third time the Supreme Court has ruled against a certificate of merit requirement, following several revisions to past legislation which had also been invalidated by the Court. The latest version of the reforms included expanding the scope of expert witness affidavits to include all civil negligence actions which required testimony by an expert, following previous rulings that the law put a higher burden on victims of professional negligence than victims of general negligence. “We believe the certificate of merit has been an important legal reform that helped prevent baseless lawsuits, and we will look carefully at our options and next steps to address today’s ruling,” said Wes Glinsmann, executive director of the Oklahoma State Medical Association. Without an umbrella of federal reforms, medical liability at the state level has too often been a game of one step forward, two steps back, as reforms are passed and then continuously challenged by the personal injury lobby….

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September 2017 Newsletter

Liability concerns drive up defensive medicine, cost of care Providing treatment above what is medically necessary to fend off the threat of a lawsuit continues to be a trend – and a major driver of health care cost increases. A study of over 2100 physicians conducted by Johns Hopkins University found that more than two-thirds of respondents believe that 15-30% of tests, procedures, and prescriptions were unnecessarily recommended. The reason? Liability concerns. Over 80% of the physicians surveyed cited the fear of medical liability lawsuits as the justification for practicing defensive medicine. “Addressing overtreatment can have a major impact on rising healthcare costs in the U.S.,” the authors wrote. “Using the Institute of Medicine’s estimate of excess costs arising from overtreatment, a 50% reduction in ‘unnecessary services’ would result in $105 billion in savings each year, or about 4% of total national healthcare spending.” With a patchwork of laws leaving uncertainty about the liability climate from state to state, physicians surveyed recommended a series of changes that could help in the interim, including improved training on appropriate criteria for care, more accessible medical records, and evidence-based practice guidelines. To read more about the Johns Hopkins study on defensive medicine, click…

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July 2017 Newsletter

  Ailing liability system not fair to deserving patients Even as the prospects for larger efforts to reform our nation’s health care system remain uncertain, there’s hope that medical liability reform could make incremental progress on reducing costs and restoring fairness to deserving patients. An editorial this month highlights the progress made by the House of Representatives in passing the Protecting Access to Care Act in order to align a patchwork of state liability laws and ensure full compensation of medical bills and lost wages to patients who are the victims of medical negligence. Unfortunately, personal injury attorneys continue to stand in the way of full passage of medical liability reform by the Senate. According to the editorial, “fairness is elusive,” particularly to patients, who are subject to a system that adds billions of dollars in health care spending each year, lost to defensive medicine and sky-high premiums that reduce access to care. With the ball now in the court of the Senate, “lawmakers who say they’re committed to addressing ‘affordable’ health care need to stop dancing around malpractice tort reform and address what’s grown into a significant, if not inordinate, cost driver,” the editorial concludes. To read more about…

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June 2017 Newsletter

  Patient access to care scores a win in Washington The passage of comprehensive medical liability reform legislation this week in Washington gives patients and physicians a win on access to affordable care. H.R. 1215, the Protecting Access to Care Act of 2017, passed the House by a vote of 218 to 210, and enacts reasonable limits on non-economic damages while modeling the common-sense reforms of states like Texas and California. According to the Congressional Budget Office, the comprehensive medical liability reforms included in H.R. 1215 would lead to cost savings of $44 billion over the 2017-2026 period for federal health care programs such as Medicare and Medicaid, and reduce the national deficit by almost $50 billion over the same 10-year period. The Protect Patients Now grassroots network was activated over the past month and was instrumental in gathering support for the bill. Nearly 650 emails were sent to members of Congress, with many others taking to Facebook and Twitter to advocate for support of medical liability reform. “Our broken medical liability system is one step closer to more efficiently and equitably compensating deserving patients and reducing the medical lawsuit abuse that undermines the physician-patient relationship,” said HCLA Chair Mike…

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