Posted on 05/11/2003 4:10:45 PM PDT by eartotheground
North Florida Surgeons and the medical liability crisis At-a-glance • Not a protest, but our only option: North Florida Surgeons’ decision to close its doors May 2 was not our way of protesting, but the result of crushing economic realities – soaring claims, losses and premiums are threatening our survival. • A high-quality, experienced practice: North Florida Surgeons was formed in 1996 by combining the practices of about 20 established general surgeons with a combined 140 years of surgical experience. We are a good, veteran practice caught up in this crisis. • Filling a community need: In its eight years of operation, North Florida Surgeons has seen more than 88,000 patients and performed more than 107,400 procedures, many involving high-risk cases. The group also has provided about 30 percent of the on-call surgical coverage at the emergency rooms of area hospitals. • A small number of claims, yet huge losses: North Florida Surgeons has been sued 39 times for alleged malpractice, or in less than 1/10 of one percent of the procedures we’ve performed. We’ve never lost a case that has gone before a jury. Yet we’ve had to pay out more than $6.4 million in legal fees, settlement costs and reserves. • Claims rising sharply: Even though we have consistently performed high-quality surgeries, claims against our practice have steadily risen year-by year, from two in 1996 to a projected 12 this year. • Lawyers, not patients, received payments: Of the $6.4 million we paid out in medical liability cases, we estimate that nearly 70 percent was consumed by the legal system – only 30 percent went to the patients who alleged they were injured. • Nearly every surgeon sued: During our eight years in practice all but three of our surgeons have been sued at least once. This is an astronomically high percentage, given the veteran talent we have on staff. • Staggering premium increases: Between 2001 and 2002 alone, the annual medical liability premium paid by North Florida Surgeons skyrocketed from about $450,000 to more than $1.2 million. Although we’re paying three times as much for insurance, we now have one forth the amount of coverage. It’s not enough to adequately protect our physicians. • Few insurance options on horizon: Our insurer, TIG, recently informed us that continuing coverage is unlikely after June 30, and even if it is available, it will be substantially more expensive. • Insurers’ rates are justified: No one likes seeing their premiums triple in one year. However, our analysis shows the increases insurers sought our justified. Despite our good track record, insurers pay $1.88 in claims for every $1 in premium that we pay. • The Legislature must act now: The Florida Legislature let all citizens down by failing to fix the state’s broken medical liability system during the regular session. Now they must act in the May 12-27 special session. They must pass a comprehensive solution passed on the 60 recommendations of the Governor’s Task Force of independent university leaders. If they don’t, Florida is facing a medical meltdown, and many more situations like North Florida Surgeons.
Senator James King Jr. Suite 409 The Capital 404 South Monroe Street Tallahassee, Florida 32399
April 10, 2003
Dear Senator King:
I am writing to express my shock, dismay and utter disgust over your position on tort reform. As a card-carrying Republican and a physician, I feel a sense of personal betrayal. It is an outrage that you could possibly benefit from donations to the Florida Republican party. I do not think that you belong in the Republican party anymore. Your position on tort reform puts you in the same league as the liberal socialists who feel that people are “entitled” to benefits from the government; that people with a work ethic are to be derided; and that there is no such thing as a frivolous lawsuit. There are so many cases of frivolous lawsuits resulting in huge judgements for the plaintiff that it is tragic: The 39 year old woman who claimed that an MRI examination of her head caused her to lose her “psychic and clairvoyant abilities”. The jury decided the loss of these abilities was worth $1.5 million. The neonatologist who gave a gravely ill baby a blood transfusion in 1985, when there was no test available for HIV. In 1987, the Look Back program identified the child as at risk. The neonatologist promptly informed the parents. The parent sued and won a $26.7 million dollar judgement. An anesthesiologist chips a patient’s tooth during a difficult emergency intubation. In spite of saving the patient’s life, the patient sues and collects a $900,000 jury award. As a small business owner, I am sure that you are aware of the risks of frivolous lawsuits in any business operation. The well-known story of the burglar falling through the roof of a factory, breaking his legs and suing the factory is not an urban legend. The malpractice crisis is also a crisis for women’s healthcare in this state. Obstetricians and gynecologists face some of the most severe insurance bills, since most of them have been sued at least once. As womens’ healthcare professionals abandon high-risk procedures, mammography, prenatal and obstetric care, these services are becoming increasingly unavailable. Children will also suffer. The last remaining pediatric neurosurgeon in Jacksonville is leaving after getting a $600,000 insurance bill. Children’s orthopedic and trauma services are particularly hard-hit. Thus, I am urgently exhorting you to reconsider your position regarding this legislation. Failure to do so may result in:
1. Boycott of your businesses in Florida.
2. Expulsion from the Republican party.
3. Censure from your colleagues.
4. Destruction of any future political aspirations.
Thank you for your time and attention to this matter.
Sincerely,
Glenn W. Knox, MD, FACS Jacksonville
GWK/gwk
CC:
The Honorable Jeb Bush, Governor of Florida The Duval County Republican Party The Clay County Republican Party The Florida State Republican Party The Duval County Medical Society
One maddening thing (for the docs) about the med malpractice industry is that the suits and payouts generally bear no relationship to competence. Thus doctors who agree see the most high risk (sickest) patients are the most likely to be sued. Very sick patients are more likely to have adverse outcomes.
Emergency trauma cases (often performed under insane battlefield type conditions) are the ones where a tooth might get chipped, something the democrats will never tell you. Another example is the gold mine (for crooked lawyers) who make mega-bucks off of neurosurgeons (brain injury almost always has some residual brain damage, by definition) and obstetricans (congenital blameless birth defects equals lawyer yachts and French Riviera condos).
These lawyer cockroaches will choose their own financial interests, over party honor and the needs of the people.
Me? I will vote for a tort reform democrat any day. I will NEVER NEVER vote for a lawyer, of any party.
Every physician needs to use the most sophisticated off-shore trusts and limited partnerships to tie his assets up in knots. Then he needs to post a sign in his office , "NOTICE: I no longer carry malpractice insurance. Any claim filed against me will be fought in court to the highest possible level of appeals. I have arranged my financial affairs so that any judgment against me will be exceedingly difficult to collect. If you file suit against me and lose, you and your attorney should expect to be countersued the very next morning. I regret having to take these steps but because of the lawsuit crisis, it is the only possible way I am able to remain in practice."
Instead of insurance, physicians should contribute to a legal defense fund that hires the most aggressive junkyard dog defense attorneys, and litigates EVERY SINGLE CLAIM to the nth degree. They should go after attorneys and plaintiffs with aggressive countersuits each and every time they file a losing suit. Dig for dirt on every malpractice attorney, file ethics complaints, picket their offices, publicize their greed, hire helicopters to film their palatial mansions, in short, do everything possible to DESTROY the filthy scum sucking vermin and put them out of business.
And it goes without saying that plaintiff's attorneys, their families and employees should be shunned socially, turned away from every physician's office, and denied all but true emergency health care.
Does this mean that some people who suffer legitimate injuries will not be compensated? Yes. Tough s**t. Maybe then we'll see some public pressure for sensible reforms.
-ccm
This is difficult to do, but apparantly Florida is a place where this is more likely to be successful. I believe your home is exempt from judgments and the Bahamas are a 1/2 hour plane flight from the east Coast.
Many states require malpractice insurance as a condition of licensure.
And almost all hospitals require it as a condition of staff membership.
I completely agree that, in 1975, all physicians should have dropped professional liability insurance and refused to carry it in the future, but that horse is now out of the barn.
THIS is a brilliant idea!! The Indian reservations are a legal entity outside of many state and federal laws. They are in many ways liberated zones!!!!
On the other hand, I was recently talking to a retired IRS Special Agent. He told me the very first person he visited as an Agent was a Woman Dr. who was making over a million a year. Her husband was also a Dr. and he was also making over a million and this was over 20 years ago.
I was recently reading about Sir Arthur Conan Doyle. It seems that he was a physician in the late 19th century and the reason he took up writing the Sherlock Holmes stories was because he was not making a living as a Doctor.
Many doctors are simply making a killing.
If we could eliminate the malpractice crisis from medicine--i.e., if we could get the lawyers out of medical care, we could cut health care and health insurances consts in half!
You are of course 100% correct.
Let's also look at a different industry: the unregulated corrupt shyster business.
Each day, every day, enormous mistakes and (more commonly) malicious theft, damage and other intentional evil is inflicted by the shysters upon millions of victims.
Try to get lawyers to pursue legal malpracticed cases. Try to get justice from the secret Bar Assocation Grievance Committees.
My point is that shysters have made themselves immune from the same standards they impose upon everyone else, especially the medical profession. Oh they will get all defensive, lie through their teeth that it isn't true, stoop to argumentum ad hominum, etc. But they are just being deceitful of course.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.