Articles Posted in Medical Negligence

The Doctors Company, a professional liability insurer for physicians, has a "Knowledge Center" on its website that contains lots of useful information.

Here is a great example.  In "Telephone Safety and Patient Triage,"  the writer explains that "implementing an effective telephone triage system in the office practice can improve physician-patient communication, confidence, service, satisfaction, and care. It can also reduce emergency department visits while ensuring access to the appropriate level of care. Telephone triage, which is just one of the ways that telemedicine is practiced, has its own risks."

The paper has some excellent recommendations for physicians on how to establish a safe and effective way to communicate with patients over the telephone.

"Death by Medicine" is a report by  Gary Null, PhD; Carolyn Dean MD, ND; Martin Feldman, MD; Debora Rasio, MD; and Dorothy Smith, PhD. 

The report reveals that "that the total number of deaths caused by conventional medicine is an astounding 783,936 per year. It is now evident that the American medical system is the leading cause of death and injury in the US. (By contrast, the number of deaths attributable to heart disease in 2001 was 699,697, while the number of deaths attributable to cancer was 553,251."

The report explains that

State Volunteer Mutual Insurance Company (SVMIC) had another outstanding year in 2010.  Here are some highlights from its "2010 Report to Policyholders:"

• Surplus (think: net worth) increased almost 20% to $444 million, up from $364 million in 2009.
• Earned premiums dropped to $218 million, due to a significant rate reduction (average:  23%) and a decrease in the number of policyholders secondary to increased competition in the marketplace.
• Despite a decrease in earned premiums of over 15% (totaling over $43M),  post-tax net income declined only a little over $4M to $67,668,000.
• Profits as a percentage of revenue were extraordinarily high, at over 25%. 
• The unpaid loss and loss adjustment expense reserve actually dropped for 2010, a very unusual result.
• On February 22, 2011, the company declared another $20M dividend to its policyholders.  This will decrease rates by an average of about 9%.  This follows a dividend of $20M in 2010.

SVMIC’s 2011-12 rate filing will be available shortly and, I predict, will show further rate declines.

Of course, the tort reform measures virtually certain to be enacted into law in the next couple weeks will further enhance this company’s profits.  

A new study reveals that as many as 75 percent of hospital tests are not followed up and this failure can have serious consequences for patients, including delayed or missed diagnoses and even death.

The study is a "study of studies,"  and looked at 12 international studies.  The work showed that between 1% and 75% of tests run on ER patients were not followed up after the patients were discharged. For inpatient tests the rate was 20% to 65%.

The study is  published in the Feb. 8 edition of the journal BMJ Quality and Safety.

Tennessee consumers injured by medical negligence are facing a full assault on their right to trial by jury.  Some members of the new General Assembly seem hell-bent on placing arbitrary caps on damages, notwithstanding the fact that medical malpractice lawsuits are down over 40% and malpractice insurer profits are soaring.

Max Kennerly, one of my favorite bloggers, has a great post on similar efforts in Congress.   Here is an excerpt:

Even if we put aside the fact that, for every dollar spent on compensating the victims of medical negligence, more than $5 dollars in damage was caused by medical negligence, it bears repeating that the overall costs of compensating injured patients is so small that it the medical malpractice liability system does not restrict access to health care. Similarly, malpractice lawsuits have not been shown to change of physician behavior — so-called “defense medicine” — even in high-risk, high-liability cases like obstetricians’ decisions to perform c-sections when the baby shows signs of fetal distress.

The Tennessee Department of Commerce and Insurance has put the medical malpractice case reporting form on its website.   The reports must be filed on or before March 1, 2011.

Plaintiff’s medical malpractice attorneys who concluded a case in 2010 must complete this form.

I will be speaking on a Webcast seminar on January 5, 2011 at Noon CST discussing the developments in the law of notice and certificates of good faith in medical malpractice cases.  I will also discuss service of process issues after the decision in Hall v. Haynes.

The seminar is sponsored by the Tennessee Bar Association.  The price is $45 for TBA members and $65 for non-TBA members.   One hour of CLE credit will be earned.

Register here.