Pennsylvania tort crisis: Lawmakers fiddle, doctors burn

AMNews ^ | 1/12/04 | Tanya Albert

[FormerACLUmember]

So what if there is no emergency room care.= in Pennsylvania? What is important is that the crooked Philadelphia shysters have their Rolls Royces and villas on the Riviera.

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[FormerACLUmember]

ping

[TheErnFormerlyKnownAsBig]

We here in Washington are about 18 months away from having a crisis that could create a day where there are no emergency rooms open period. That is not hyperbole or talking smack.

That is the God's honest truth. This state if it doesn't get it's "ahem" together will be further into the toilet than California ever dreamt of being.

We only have about 5-8 insured (read able to practice) neurosurgeons in Western Washington.

[TheErnFormerlyKnownAsBig]

We have this same problem in WA. Can you ping the WA list because we are going down the same road here.

[FormerACLUmember]

"Atlas Shrugged" is approaching in many of America's ERs.

[oceanview]

this happening in many states, NJ for one. The lawyers own the legislatures (both parties really, at these state levels at least), so there is no hope of reform. The NJ republicans didn't even try to make an issue of this in the last statewide election, because they can't really.

[FormerACLUmember]

bttt

[ccmay]

At the end of 2002, physicians such as Pottstown colon and rectal surgeon Scot Paris, MD, found affordable insurance by obtaining a claims-made policy.

'Claims-made' policies mean that the insurance company will not pay on any past or future lawsuits, only those filed while the policy is current. 'Occurrence' policies are standard for physicians, and pay any future claim made based on care provided while the policy was in effect. It's a bit like term vs. whole-life life insurance.

Claims-made policies are somewhat cheaper and can perhaps stave off the inevitable for some marginal practices. But they mean that the doctor is 100% personally liable for any lawsuits that arise next year, or the year after, or even 18 years later in the case of a minor.

Not many fleeing doctors are going to be lured back into medicine, if the price is the risk of losing one's life savings in a lawsuit filed long after retirement, due to a lack of occurrence insurance (aka tail coverage).

I am of the opinion that physicians should decide as a group to "go bare". Put the title to all assets in labyrinthine family limited partnerships and offshore trusts, drop all insurance coverage, and invest the money saved in a legal-defense fund that will fight EVERY SINGLE malpractice claim to the mat. Nothing will change until the trial lawyers are run out of business.

-ccm

[FormerACLUmember]

Yes, your technical analysis is completely correct. Claims made coverage is a form of professional suicide. You can only survive if you then buy a monumentally expensive "Tail" coverage, something that will never happen if you can only afford a Claims-made policy. You are essentially going bare after year one.

Bottom line? Dr. Paris is ruined, destroyed, annihilated. A sad end to a good man and a needed professional.

This is a very, very sick society where the loathsome shysters can destroy a good guy like Dr. Paris.

[FormerACLUmember]

I am of the opinion that physicians should decide as a group to "go bare".

Again, you are completely correct. However, the trail lawyer controlled legislatures, such as in the Commonmwealth of Pennsylvania, make it illegal to practice (at least in hospitals) without shyster extortion, oops i meant professional liability insurance.

In Florida, it is increasingly common to see doctors going bare. Hellava way to live your life though, after being in school to age 29.

[FormerACLUmember]

trail lawyer = trial lawyer

[bert]

If they have no Obstetricians to deliver babies then let them use lawyers.

[bert]

When a lawyers wife enters, show her the door. Notreatment for any lawyers or family.

[FormerACLUmember]

The problem is that physicians are ethical, in contrast to lawyers. However, God is not without ironic justice sometimes. I have read where the state capital of Florida, home of many a shyster, is about to lose its last obstetricians due to the liability crisis.

[Mamzelle]

Why don't these Penn docs unionize? The time is now ripe, and there is little to lose.

[FormerACLUmember]

Why don't these Penn docs unionize? The time is now ripe, and there is little to lose.

The federal Nazis have always sued for anti-trust in such circumstances. Besides, organizing doctors is like herding cats.

[FormerACLUmember]

bttt

[TASMANIANRED]

Georgia OB MD's threatened to start refusing ob care to lawyers, lawyers wives about 10 years ago. Don't know if they ever went through with it.