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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