The rural physician problem is such that the U.S. Department of Health and Human Services has designated certain Health Professional Shortage Areas (HSPAs), which can actually be located online.  HSPAs have shortages of primary medical care, dental or mental health providers and may be geographic, demographic, or institutional.

At least one rural hospital is taking an innovative recruiting approach to alleviate its physician’s concerns about Kansas medical malpractice insurance rates and other expenses that make a rural practice cost-prohibitive, according to Scope, a medical blog produced by a team of writers at Stanford University School of Medicine.  The hospital is using “mission-focused medicine,” which offers candidates eight weeks off annually to do international medical missions work in impoverished countries.  The hospital CEO finds that the types of doctors who are interested in serving in third-world-countries are also amenable to working in rural areas where, while the conditions may not be nearly as bad, they are worse than in many U.S. urban environments.

While it appears that the Kansas hospital’s mission-focused medicine program has thus far been successful, the underlying need for the program portrays yet another problem that high medical liability insurance premiums create: preventing doctors and surgeons from practicing in rural areas.  As rising malpractice insurance costs drive doctors from private practice to hospitals, and from towns to cities, physicians and legislators will increasingly look for solutions to these problems.

Malpractice Insurance Agency works with doctors, medical clinics, and locum tenens agencies in both urban and rural settings and strives to find affordable, yet comprehensive coverage for physicians so that they can practice in the location of their choice.  Our free custom quote comparisons and experienced, independent agents provide physicians with the knowledge they need to make important decisions about protecting their practices and careers.

The president and CEO of West Virginia Mutual said that the reforms have also succeeded in lowering malpractice insurance premiums.  As our blog has noted previously, West Virginia’s medical malpractice caps may be narrow in some circumstances, but they do cap non-economic pain and suffering damages at $500,000.  While there are many who question the success of the caps generally, the leader of the state’s biggest medical liability insurer is now on the record as saying that the caps have helped reduce West Virginia medical malpractice insurance rates.

In addition to the caps, credit should be given to former West Virginia State Insurance Commissioner Jane Cline, who was appointed in 2001 and was influential in helping West Virginia deal with medical liability claims that were causing doctors to leave the state.

Although West Virginia is a relatively small state, its physicians and clinics encounter unique malpractice insurance issues.  Accordingly, Malpractice Insurance Agency blogs frequently about West Virginia medical liability insurance news.

We understand the concerns doctors have about the direction of the medical malpractice insurance industry, and that most physicians simply want to remain focused on their practices instead of worrying about potential liability claims and coverage.  That’s why our experienced agents are available to field your questions at 800.217.4020.  And, physicians can request free quotes through our website to determine whether better coverage or a less expensive malpractice insurance policy may be available.

But the most controversial portion of the bill is almost certainly the provision that would bar malpractice claims against doctors who allegedly withhold information about potential birth defects to prevent an abortion.  Naturally, some Kansas ob-gyns and medical clinics have queried how this proposed legislation would affect Kansas medical malpractice insurance.

It is important to consider the subset of physicians whom the bill would affect immediately.  Intuitively, the bill not only limits the professional liability of physicians and clinics in Kansas that perform abortions but also the risk of any physician who offers medical advice during pregnancy.  If the controversial bill were to pass (and it likely faces an uphill battle assuming it makes it to the Senate), any reduction in malpractice insurance rates would likely first affect those physicians and clinics.  But the trickle-down affect could reach other Kansas doctors if it turns out that physicians in the state turn out to be less risky – and cheaper – for malpractice insurance companies to insure.

But malpractice insurance in Kansas is already relatively unique, as The Health Care Stabilization Fund provides professional liability coverage for health care providers who practice in the state.  Of course, all doctors with an active Kansas medical license and a locally domiciled office are also required to participate.  The existence of the Fund makes it difficult to gauge the degree to which the bill would affect malpractice insurance premiums, but it’s still important for physicians clinics, and hospitals to consider its impact on malpractice insurance rates and other coverage issues.

Malpractice Insurance Agency provides doctors in Kansas and across the nation with expert advice regarding medical liability insurance coverage and issues.  Our agents are licensed nationwide and have experience assisting with policies ranging from anesthesiologist to locum tenens medical malpractice insurance.  Request a quote online today or call our independent agents at 800-217-4020.

The Malpractice Insurance Agency blog frequently covers the topic of non-economic damages caps in medical liability lawsuits – specifically, when caps are considered, rejected, or enacted.  As many as 35 states have the caps, but how they affect physician and clinic malpractice insurance rates constitutes an ongoing debate.

Recently, however, it seems that there has been increasing outcry for regulation and oversight of malpractice insurance companies and the rates that they charge physicians, clinics, and hospitals.

For example, New York is one of the least transparent states in the country when it comes to premiums and claims data; perhaps it is no accident then that New York medical malpractice insurance rates are relatively high.  Additionally, our recent blog on Oregon medical malpractice insurance laws referred to Gov. John Kitzhaber’s desire to wait on reform until at least 2013 so that more studies and research could be performed, including on the medical liability insurance industry itself.

Clearly, the tension between regulation/oversight and general free-market principles that drive most private corporations – including malpractice insurance companies – will also drive this debate.

Malpractice Insurance Agency attempts to reduce premium inflation by shopping with multiple liability insurance companies on behalf of doctors, medical clinics, and locum tenens agencies so that the insurance companies have to fight for your business.  If you have questions about your malpractice insurance policy, your insurer, or want to know what other coverage options fit within your budget, do not hesitate to call our agents at 800.217.4020 or request free quotes online!

Gov. John Kitzhaber stated that the issue will likely be addressed in the 2013 session, as lawmakers seek solutions regarding Oregon medical malpractice insurance rates but want to first conduct further research.  How this unfolds in next year’s session will be especially interesting, considering that caps on damages are currently considered unconstitutional in Oregon.

Regardless, this is not the first time this area of tort reform has been at issue in the state legislature, as earlier this year Oregon medical liability insurance reform talks stalled on several fronts.  Of course, it appears that any degree of reform would likely benefit physicians, medical clinics, and hospitals.

According to a recent report study by the Oregon Health Authority, $650 million in healthcare spending is attributable to defensive medicine, an issue that has been problematic nationwide (and has especially affected Florida medical malpractice insurance premiums).  However, the report, which was presented to the Oregon Health Policy Board, reminds physicians and lawmakers that the costs of defensive medicine should not be seen as entirely recapturable, as no medical malpractice reform would reduce defensive medicine efforts to zero.

Other Oregonians believe that instead of tort reform, malpractice insurance itself is the problem, and that malpractice insurance rate review and how medical liability insurance is sold in the state should be the focus of any legislative reform.  For example, Oregon companies that offer insurance to small businesses and individuals must have rate increases reviewed by the Insurance Division for approval.  Why not subject malpractice insurance companies to the same oversight?

While at this point there seems to be more talk than action when it come to Oregon medical malpractice reform, it appears that that due to the amount of research and the political popularity of the topic, medical malpractice insurance reform will be addressed in some manner in 2013.  Until then, Malpractice Insurance Agency will continue to keep Oregon doctors apprised of current events that could affect how they practice medicine and how much it costs to do so.  If you have questions related to medical liability insurance, call us at 800.217.4020 or request a free quote today to find out how much you can save this year!

According to a recent article in The New Yorker by Ryan Lizza, a July 2009 nine-page policy memorandum written by the head of the White House Office of Health Reform outlined five reforms that stop short of the non-economic damages caps (which the memo said was politically untenable considering the President’s prior opposition thereto) that could appease insurers and potentially reign in malpractice insurance premiums.

Of the alternative solutions, all of which had been implemented in at least one state previously, the only one that President Obama was interested in was the early disclosure of medical errors and mediation, also know as the “I’m Sorry” laws that we covered in our malpractice insurance primer on reducing your liability risk.  In fact, as an Illinois Senator in 2005, Obama had introduced a bill in a Senate that included an “I’m Sorry” clause.

It appears that a significant motivation for including some type of medical malpractice reform was to placate the American Medical Association.  In fact, in response to the memo Obama penned: “Obviously, we shouldn’t do anything that weighs down the overall effort, but if this helps the AMA stay on board, we should explore it.”  And, several weeks prior to the July 2009 memo, President Obama addressed the AMA and referred to several topics frequently covered in the Malpractice Insurance Agency blog, such as the problem of defensive medicine:

“Now, I recognize that it will be hard to make some of these changes if doctors feel like they’re constantly looking over their shoulders for fear of lawsuits . . . I understand some doctors may feel the need to order more tests and treatments to avoid being legally vulnerable . . . I want to be honest with you.  I’m not advocating caps on malpractice awards — which I personally believe can be unfair to people who’ve been wrongfully harmed.  But I do think we need to explore a range of ideas about how to put patient safety first; how to let doctors focus on practicing medicine; how to encourage broader use of evidence-based guidelines.  I want to work with the AMA so we can scale back the excessive defensive medicine that reinforces our current system, and shift to a system where we are providing better care, simply — rather than simply more treatment.”

Ultimately, none of the potential medical malpractice reform suggestions were implemented into the Affordable Care Act.  It remains to be seen whether political pressure, physician, clinic, or malpractice insurance company lobbyists, or other factors will bring the issue of medical malpractice tort reform front-and-center again in the near future.

Malpractice Insurance Agency is licensed to assist physicians, medical clinics, and locum tenens agencies in all 50 states.  Accordingly, we monitor closely both state and federal news that may affect medical liability insurance rates.  Feel free to call our experienced agents anytime or request free quotes online at your convenience.  We have assisted thousands of doctors and surgeons with malpractice insurance related issues so that they can focus on their practices – let us help you too!

Some political pundits interpreted President Obama’s statement as a reference to House Republicans’ initiative earlier this month to set a national limit of $250,000 on pain and suffering damages caused by “any healthcare goods or services or any medical product.”  Though modeled on the non-economic damages statutes in Texas and California, the House proposal goes considerably further, as it also limits damages for injuries caused by medical devices or drugs.

However, considering that President Obama has historically been opposed politically to capping non-economic damages – a topic we will address in Part II of this blog series – it seems unlikely that the SOTU reference was an about-face of the President’s prior political position.  Instead, President Obama is much more likely to support a medical malpractice reform law that stops short of capping non-economic damages.  The viability of those alternative legislative solutions – five of which Obama at least considered in 2009 – and what each could mean for malpractice insurance rates, will also be analyzed in Part II.

For now, the House proposal will likely pass in the House, but analysts doubt that the legislation capping non-economic damages will make it through the Senate.  Thus, odds are that while states will remain free to determine whether to enact non-economic damages, and as many as 35 states have done so, there will not be a national limit enacted anytime soon.

That said, Malpractice Insurance Agency believes that physicians and clinics should monitor closely the politics of medical malpractice reform, as any type of national legislation could significantly affect malpractice insurance premiums and potentially liability coverage.  We encourage you to monitor our blog and comment or call us directly at 800.217.4020 if you have questions about how political decisions at the state or national level can affect your medical liability insurance.

Because malpractice insurance policies that are underwritten on a claims made basis only provide coverage for claims that are made during the policy period, doctors need coverage for claims that may be made against them after that policy expires.  By way of example, if an anesthesiologist has carried a claims made policy for less than five years prior to her retirement, but then retires without tail, claims made against that doctor during her retirement that are not barred by the statute of limitations will not be covered, and she may be personally liable.  Or, if a cardiologist has a claims made medical liability insurance policy that expires and then has even a minor gap before renewing coverage, in the absence of tail insurance any claim made against him during that gap will not be covered by the prior policy.

Although tail insurance is not required and some physicians decide to take the risk and fore-go tail coverage, it is important to understand the following three points:

-          Some malpractice insurance policies provide doctors with free tail, which can be a huge perk and hidden value.  Other policies provide free tail upon certain conditions such as death, disability, or retirement.  When comparing policies, be sure to ask an insurance agent about the possibility of free tail malpractice insurance.

-          If you retire and have had the same claims made policy for the previous five years, you likely will not need tail, as the statute of limitations should apply to bar any claims that are made five years prior to your retirement.

-          Tail insurance is generally expensive – costing 200 to 250 percent of an annual malpractice insurance premium – and must be paid up front within 30 days, but it covers physicians and clinics from claims that could be made against them for several years down the road

Thus, while tail coverage may seem overwhelming due to its price and front-loaded nature, prudent physicians acquire tail early on and save money down the road while protecting themselves from future claims made against them even after the policy period.  If you have questions about tail insurance and whether there are policies available to you that offer free tail, don’t hesitate to contact one of our agents at 800.217.4020 or request a free quote online today!

Occurrence malpractice insurance policies provide physicians with coverage for any act of alleged malpractice that occurs during the term of the policy.  For example, consider an anesthesiologist who had occurrence malpractice insurance coverage in 2010 with Company X.  Even if that anesthesiologist purchases a new liability insurance policy from Company Y in 2011 and 2012, her occurrence policy from Company X still covers her for any alleged act of malpractice that took place in 2010 – even if that claim is made against her in 2011, 2012, or any time in the future.

On the other hand, claims made malpractice insurance policies provide doctors and clinics with professional liability coverage only for claims that are actually made during the policy period.  Accordingly, if our anesthesiologist had claims made coverage in 2010, her policy would not provide her with coverage for any claims of malpractice that were made against her after 12/31/10 – even if the alleged act of malpractice took place during 2010.

Because occurrence policies provide coverage in perpetuity for acts of malpractice that occurred during a finite period, they are typically more expensive – and also less common.  Most doctors and surgeons purchase claims made policies because they are more affordable and can offer coverage that is just as sufficient, as long as the physician also has tail, which is a topic that will be covered in the next Malpractice Insurance Agency blog post.

Until then, visit our website for additional information about medical liability insurance in your state, or call one of our agents at 800.217.4020 if you have any questions.  Malpractice Insurance Agency is licensed nationwide and has experience working with doctors in every medical specialty and sub-specialty.

A bill that would cap non-economic damages in medical liability suits for New York doctors at $250,000 was first suggested in 1976.  In January of that year, the McGill Commission, chaired by the President of Columbia University, issued its final report, listing the damages caps as its number one recommendation.  (In 1975, in response to rising Indiana and California medical malpractice insurance premiums, those states enacted similar caps.)

Notwithstanding the recommendation, and the state senate’s approval of a bill that would cap noneconomic damages, the New York State Assembly would not even let the bill come to the floor for a vote.  And, the Assembly has shot similar bills down on a consistent basis.

Recently, Governor Andrew Cuomo’s Medicaid Redesign Team recommended that the $250,000 cap be implemented, partially in hopes that malpractice insurance rates would be reigned in.  Although Senate Majority Leader Dean Skelos supported the legislation, it was opposed by Assembly Speaker Sheldon Silver, who is a trial lawyer.  Thus, it appears that New York physicians will have to wait at least a bit longer to see whether the noneconomic damages caps become a reality.

Malpractice Insurance Agency covers all issues related to malpractice insurance in New York.  Our experienced agents are licensed throughout the Empire State and are aware of the medical liability insurance issues that affects it doctors, surgeons, clinics, and hospitals.  We even provide niche coverage packages such as locum tenens medical malpractice insurance.   We’ve helped physicians nationwide; now let us help you.  It only takes 30 seconds to submit a free quote request online, or you can call one of our agents anytime at 800-217-4020.