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,…

Read More


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…

Read More


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…

Read More