June 2018 Newsletter

Liability reform empowers physicians to avoid defensive medicine While evidence strongly suggests that the potential for liability lawsuits results in treatments and tests that may not be otherwise necessary, new data shows that medical liability reform may be empowering physicians to go on the offensive together with their patients. A newly published analysis compared diagnosis and treatment patterns in patients suspected of having coronary artery disease between states where liability reforms have been adopted and states without non-economic damage limits in place. The study included 36,647 physicians in nine states with reasonable limits adopted between 2003 and 2005, and 39,154 in states that had not taken any action to utilize limits on non-economic damages to rein in lawsuits. Physicians in states with reasonable liability limits were less prone to rely on angiography as a first diagnostic test and more likely to order noninvasive stress testing, the report found. In addition, fewer patients were referred for angiography following initial stress testing. These physicians also performed fewer percutaneous coronary intervention (PCI) procedures after ischemic evaluation, with indications that these patients were offered medical therapy as an alternative. “Our study suggests that physicians who face lower malpractice risk may be less concerned with…

Read More


May 2018 Newsletter

Maryland trial court attempts to redefine liability standards Under consideration by Maryland’s highest court is a case that attempts to redefine professional standards of care – and negate the testimony of expert witnesses. The basis of the case stems from a medical liability trial in which instructions provided to the jury deviated from well-established law on measuring standard of care as what a ‘reasonably competent’ physician would be expected to do, per expert witness testimony. Instead, the jury was instructed to consider only what a ‘reasonable layperson’ would do – potentially warping how physician negligence is defined. The Litigation Center of American Medical Association and State Medical Societies joined the Maryland State Medical Society (MedChi) and the Medical Mutual Liability Society of Maryland in filing an amicus brief that not only cited the likely increase in meritless lawsuits and implications for standards of other professionals in court, but also noted that experts must be relied on because medical procedures are not common knowledge. “Letting juries nullify professional standards would upend the basic premise that professional malpractice claims involve specialized knowledge and duties that laypeople cannot assess based on their common knowledge,” the brief states. A lower appeals court agreed that…

Read More


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