Category Archives: Wyoming

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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Bill would give liability protection to volunteer doctors in bid to cover low-income Wyomingites

Physicians and health facilities that provide voluntary care to low-income patients would have state protection for liability lawsuits under a bill being considered in the Wyoming Senate. The bill — Senate File 66 — would allow the Wyoming Department of Health to contract with volunteer health providers and facilities to make them state employees. That way, the state would “have the duty to defend a health care provider alleged to have been negligent” in delivering care. The voluntary health providers or facilities would have to offer care to low-income patients, meaning people with an income at or beneath 200 percent of the current federal poverty line, according to the bill. The measure — originally sponsored by the Joint Judiciary Interim Committee — was approved by two Senate subcommittees and is currently set to be considered by the entire body. The liability of volunteer physicians has been a concern of the medical community, said Stefan Johansson, the policy administrators for the health department. “I expect there has been hesitation” to provide volunteer care, agreed Kevin Bohnenblust, the executive director of the Wyoming Board of Medicine. “That’s the nature of the times we live in.” The bill would cost about $50,000 a…

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Legal reform advocates point to medical malpractice figures in New York, Pennsylvania

ALBANY, N.Y. (Legal Newsline) – Experts who have watched medical malpractice lawsuits skyrocket in states like New York, Rhode Island and New Jersey say lawmakers have made it too easy and attractive to sue and reform must happen. “New Yorkers once again pay more for medical liability than anywhere in America,” Tom Stebbins, executive director of Lawsuit Reform Alliance of New York told Legal Newsline. “Sadly, Albany recently made matters worse by approving legislation that expands liability and makes it easier to file lawsuits.” The “2018 Medical Malpractice Payout Analysis” released March 1 by Diederich Health Care, a medical liability insurance and consulting company based in Carbondale, Illinois, includes figures comparing medical malpractice rates among states. Among Northeast states, New York topped the list for the most malpractice cases with a total approximate $617,973,000 in payouts with Pennsylvania second at $342,093,300, and New Jersey third with $267,913,250. The lowest in the Northeast were the District of Columbia with $11,498,500, Delaware with $8,253,250 and Vermont at the bottom with $1,536,500. Among Midwestern states, Illinois was far in the lead with $300,790,050 in payouts with Michigan second at $77,072,200. The lowest Midwestern states were Wisconsin at $13,527,100, North Dakota with $3,505,000 and…

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