scholarly journals The Impact of Defense Expenses in Medical Malpractice Claims

2012 ◽  
Vol 40 (1) ◽  
pp. 135-142 ◽  
Author(s):  
Aaron E. Carroll ◽  
Parul Divya Parikh ◽  
Jennifer L. Buddenbaum
Keyword(s):  
Medical Malpractice ◽  
The United States ◽  
Medical Professional ◽  
Liability Insurance ◽  
Medical Liability ◽  
Professional Liability ◽  
Medical Specialties ◽  
Insurance Premiums ◽  
Malpractice Claims ◽  
The Impact

Whenever health care reform is debated, the state of the medical professional liability (MPL) system (i.e., medical malpractice system) in the United States re-emerges as an issue of importance. What exactly is broken with the MPL system and what the implications are is a point of contention among different stakeholder groups. Recent data demonstrate that medical liability premiums have been improving in recent years and the majority of premiums remained flat in 2010. General agreement still exists, however, that medical professional liability insurance premiums have become unaffordable for many physicians, and coverage has become less available, especially for certain medical specialties and in specific areas of the country.Multiple factors go into the determination of medical professional liability insurance premiums including return on investments, reinsurance costs, claims frequency, average amount paid out on malpractice claims, defense expenses, and administrative costs such as underwriting expense.

The Anti-Patient Psychology of Health Courts: Prescriptions from a Lawyer-Physician

2010 ◽  
Vol 36 (1) ◽  
pp. 188-220 ◽  
Author(s):  
Freeman L. Farrow
Keyword(s):  
Medical Malpractice ◽  
The United States ◽  
Specialized Knowledge ◽  
Malpractice Litigation ◽  
Insurance Premiums ◽  
Malpractice Insurance ◽  
Malpractice Claims ◽  
Practice Of Medicine ◽  
Tort System ◽  
Medical Malpractice Insurance

Critics of the current medical malpractice tort system claim that adjudication of malpractice claims before generalist judges and lay juries contributes to rising costs of medical malpractice insurance premiums and medical care. They claim that properly deciding issues in this realm requires specialized knowledge of medicine and medical technology that juries, and even judges of general jurisdiction, do not possess. One lobbying group alleges there is a continuing medical malpractice litigation crisis in the United States, evidenced by increasing medical costs, deaths from needless medical errors, departure of physicians from the practice of medicine due to increasing medical malpractice insurance premiums, and random medical justice in medical malpractice cases. Whether there is a direct, causal correlation between the increasing cost of medical malpractice insurance premiums and medical malpractice litigation is debatable.

The Medical Review Panel in Louisiana Neurosurgery and Beyond

Neurosurgery ◽  
2019 ◽  
Vol 85 (6) ◽  
pp. E992-E1001
Author(s):  
Jennifer Kosty ◽  
Bowen Jiang ◽  
Devon C LeFever ◽  
Jared R Brougham ◽  
Frederick White ◽  
...  
Keyword(s):  
United States ◽  
Medical Malpractice ◽  
The United States ◽  
Medical Liability ◽  
Medical Review ◽  
Review Panel ◽  
The Past ◽  
Malpractice Claims ◽  
States Data ◽  
Medical Malpractice Claims

Abstract For the past several decades, medical malpractice claims in the state of Louisiana have been screened by a pretrial medical review panel (MRP). Composed of 3 physicians and 1 attorney, these panels are a method of filtering nonmeritorious lawsuits while expediting creditable claims. Currently, 14 jurisdictions in the United States require medical liability/malpractice cases be heard by an MRP or screening panel prior to trial. In this article, we review the MRP process in Louisiana and compare it to those in other states. Data are presented for the past 10 yr of malpractice claims in Louisiana with an emphasis on the neurosurgery specialty. Finally, the benefits and challenges of pretrial screening panels are discussed.

scholarly journals Medical Malpractice in Nerve Injury of the Upper Extremity

Hand ◽  
2020 ◽  
pp. 155894472090650 ◽  
Author(s):  
Emily M. Krauss ◽  
Vikram Shankar ◽  
Jennifer Megan Mackinnon Patterson ◽  
Susan E. Mackinnon
Keyword(s):  
United States ◽  
Peripheral Nerve ◽  
Upper Extremity ◽  
Nerve Injury ◽  
Medical Malpractice ◽  
The United States ◽  
Medical Professional ◽  
Insurance Companies ◽  
Nerve Injuries ◽  
Malpractice Claims

Background: Medical malpractice accounts for more than $55 billion of annual health care costs. Updated malpractice risk to surgeons and physicians related to upper extremity peripheral nerve injury has not been published. Methods: A comprehensive database analysis of upper extremity nerve injury claims between 1995 and 2014 in the United States was conducted using the Medical Professional Liability Association Data Sharing Project, representing 24 major insurance companies. Results: Nerve injury in the upper extremity accounted for 614 (0.3%) malpractice claims (total of 188 323). Common presenting diagnoses included carpal tunnel syndrome (41%), upper extremity fractures (19%), and traumatic nerve injuries to the shoulder or upper limb (8%). Improper performance (49% of total claims) and claims without evidence of medical error (19%) were the most common malpractice suits. Orthopedic surgeons were the most frequently targeted specialists (42%). In all, 65% of nerve injury claims originated from operative procedures in a hospital, 59% of claims were dismissed or withdrawn prior to trial, and 30% resulted in settlements. Thirty-three percent of claims resulted in an indemnity payment to an injured party, with an average payout of $203 592 per successful suit. Only 8% of claims resulted in a completed trial and verdict, and verdicts were overwhelmingly in favor of the defendant (83%). Conclusions: Most malpractice claims from peripheral nerve injuries in the United States arise from the management of common diagnoses, occur in the operating room, and allege improper performance. Strategies to reduce malpractice risk should emphasize the management of common conditions and patient-physician communication.

scholarly journals Overview of medical malpractice in neurosurgery

2020 ◽  
Vol 49 (5) ◽  
pp. E2
Author(s):  
Collin J. Larkin ◽  
Anastasios G. Roumeliotis ◽  
Constantine L. Karras ◽  
Nikhil K. Murthy ◽  
Maria Fay Karras ◽  
...  
Keyword(s):  
Spinal Surgery ◽  
Medical Malpractice ◽  
Healthcare Costs ◽  
Residency Education ◽  
The United States ◽  
Medical Specialties ◽  
Career Changes ◽  
Malpractice Claims ◽  
Practical Education ◽  
Medical Malpractice Claims

Annually, 20% of all practicing neurosurgeons in the United States are faced with medical malpractice litigation. The average indemnity paid in a closed neurosurgical civil claim is $439,146, the highest of all medical specialties. The majority of claims result from dissatisfaction following spinal surgery, although claims after cranial surgery tend to be costlier. On a societal scale, the increasing prevalence of medical malpractice claims is a catalyst for the practice of defensive medicine, resulting in record-level healthcare costs. Outside of the obvious financial strains, malpractice claims have also been linked to professional disenchantment and career changes for afflicted physicians. Unfortunately, neurosurgical residents receive minimal practical education regarding these matters and are often unprepared and vulnerable to these setbacks in the earlier stages of their careers. In this article, the authors aim to provide neurosurgical residents and junior attendings with an introductory guide to the fundamentals of medical malpractice lawsuits and the implications for neurosurgeons as an adjunct to more formal residency education.

scholarly journals Lawsuits against plastic surgeons: Does locale affect incidence of claims?

2007 ◽  
Vol 15 (3) ◽  
pp. 155-157 ◽  
Author(s):  
Jonathan L Kaplan ◽  
Warren C Hammert ◽  
James E Zin
Keyword(s):  
United States ◽  
Emergency Room ◽  
Plastic Surgery ◽  
Medical Malpractice ◽  
The United States ◽  
Absolute Number ◽  
Malpractice Claims ◽  
High Incidence ◽  
Medical Malpractice Claims ◽  
Geographical Locations

Background Physicians continue to practice in a very litigious environment. Some physicians try to mitigate their exposure to lawsuits by avoiding geographical locations known for their high incidence of medical malpractice claims. Not only are certain areas of the United States known to have a higher incidence of litigation, but it is also assumed that certain areas of the hospital incur a greater liability. There seems to be a medicolegal dogma suggesting a higher percentage of malpractice claims coming from patients seen in the emergency room (ER), as well as higher settlements for ER claims. Objective To determine if there is any validity to the dogma that a higher percentage of malpractice claims arise from the ER. Methods An analysis of common plastic surgery consults that result in malpractice claims was performed. The location where the basis for the lawsuit arose – the ER, office (clinic) or the operating room (OR) – was evaluated. The value of the indemnity paid and whether its value increased or decreased based on the location of the misadventure was evaluated. Results According to the data, which represented 60% of American physicians, there was a larger absolute number of malpractice claims arising from the OR, not the ER. However, the highest average indemnity was paid for cases involving amputations when the misadventure originated in the ER. Conclusions The dogma that a greater percentage of lawsuits come from incidents arising in the ER is not supported. However, depending on the patient's injury and diagnosis, a lawsuit from the ER can be more costly than one from the OR.

scholarly journals Impact of the Medical Professional Liability Insurance Crisis on Access to Care in Florida

2004 ◽  
Vol 164 (20) ◽  
pp. 2217 ◽  
Author(s):  
Robert G. Brooks ◽  
Nir Menachemi ◽  
Cathy Hughes ◽  
Art Clawson
Keyword(s):  
Access To Care ◽  
Medical Professional ◽  
Liability Insurance ◽  
Professional Liability

Professional Liability Coverage for Residents

PEDIATRICS ◽  
1989 ◽  
Vol 84 (1) ◽  
pp. 195-196
Author(s):  
BRAD COHN
Keyword(s):  
United States ◽  
American Academy ◽  
The United States ◽  
Medical Professional ◽  
Professional Liability ◽  
American Academy Of Pediatrics

As a member of the American Academy of Pediatrics' Committee on Liability, I have been asked to comment further on professional liability coverage for residents (Pediatrics 1989;83:311). The positions stated are satisfactory. However, the problems encountered by residents who "moonlight" under a professional liability coverage written on a "claims made" form were not addressed. Most medical professional liability individual policies in the United States are now written on a "claims made" form. This classification means that the insured is covered only for claims arising and reported during the policy year for which a premium has been paid.

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