Friday, February 25, 2005

Florida Malpractice Update

More debate onthe "three strikes" ammendment in Florida:

"The new amendment and another one - both pushed by trial lawyers - would force doctors and hospitals to release records of medical mistakes and would revoke the license of any doctor hit with three malpractice judgments. Doctors, hospitals and the state agencies say they are ambiguous and can create confusion.

The amendments are the latest twist in the medical malpractice fight in Florida. The Legislature, which approved a half million dollar cap on some types of malpractice awards two years ago to stem skyrocketing premiums and bring down medical costs, again will find itself thrust in the middle when lawmakers return to work March 8.

Doctors and hospitals are hoping the Legislature will pass bills to resolve questions they have about the amendments. But trial lawyers see the concerns raised by medical professionals as a smoke screen to get lawmakers to water down the new rules."

Link...

Thursday, February 24, 2005

Story out of Washington (state) detailing a potential medical malpractice reform bill:

Baird, D-Wash., conducted forums with medical leaders in Longview on Monday and at the Southwest Washington Medical Center in Vancouver on Tuesday. The congressman told doctors and hospital administrators that his package will target bad doctors, discourage frivolous malpractice lawsuits, establish mediation for medical disputes, lower insurance rates and cap "pain and suffering" settlements, but at a level more than triple the damage limit suggested by President Bush.

Link...

Tuesday, February 22, 2005

Vicious Cycle

Here's a new angle. That the specter of malpractice litigation actually causes harm to patients becuase mistakes go unreported due to fear:

"An administration study showed that about $28 billion is spent each year on the combination of malpractice litigation and the "defensive medicine" that doctors and hospitals perform, including extra tests and unnecessary procedures, to protect themselves against lawsuits.

Opponents point out that while this is a huge sum, it still represents only a sliver of the nation's $2 trillion annual health bill.

But a new study by the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) suggests there are other downsides to the current malpractice system. Among other things, the commission says, "the stifling specter of litigation results in the under-reporting of adverse events by physicians and avoidance of open communications with patients about error."

In a landmark 1999 study, the National Academy of Science's Institute of Medicine (IOM) reported that 44,000 to 98,000 Americans die every year because of preventable medical errors."

Link...

Monday, February 21, 2005

Beyond caps in Florida

Interesting angles from both physicians and trial attorneys in Florida.

Limiting the percentage that attorneys can take in contingency, "three strikes and you're out" for physicians hit with three malpractice judgements:

"The new amendment and another one - both pushed by trial lawyers - would force doctors and hospitals to release records of medical mistakes and would revoke the license of any doctor hit with three malpractice judgments. Doctors, hospitals and the state agencies say they are ambiguous and can create confusion.

The amendments are the latest twist in the medical malpractice fight in Florida. The Legislature, which approved a half million dollar cap on some types of malpractice awards two years ago to stem skyrocketing premiums and bring down medical costs, again will find itself thrust in the middle when lawmakers return to work March 8."

Link...