Doctors Taking Leaves of Absence to Protest Rising Malpractice Premiums; A City Without Surgeons

Wheeling (WV) Intelligencer & News-Register ^ | Dec. 28, 2002 | Justin Anderson and Michelle Blum

[mountaineer]

More than a dozen surgeons at the area's two largest hospitals will be off the job starting Jan. 1 to protest rising medical malpractice insurance premiums in West Virginia.

Wheeling Hospital Administrator and Chief Executive Officer Dr. Donald Hofreuter said 12 surgeons in the orthopedic, thoracic-cardiovascular and general surgery departments have filed for leaves of absence starting Wednesday, with another surgeon scheduled to take leave Jan. 3. Brian Felici, incoming president and CEO of Ohio Valley Medical Center, said 12 surgeons in the same specialties at his facility have also filed for leaves of absence.

At Wheeling Hospital, out of eight surgeons in the orthopedic surgery department, four filed for leaves of absence. In general surgery, three of the seven surgeons filed. Cardiovascular surgery will lose all six of it surgeons.

"As of right now, this looks like it's going to happen," said Wheeling Hospital spokeswoman Lynn Wood.

Hofreuter said Friday afternoon the surgeons' individual actions were prompted by "a lot of concern and frustration'' for the medical malpractice climate in West Virginia. Other hospitals in the area are expected to have similar results.

However, Wheeling Hospital is the only facility in the Upper Ohio Valley region with the capabilities for heart surgery, Hofreuter said. "This service will be removed from the area,'' he said.

The leaves of absence requests are for 30 days, with the option to extend.

The first leave of absence request was submitted on Monday - the 13th on Thursday.

Hofreuter said the immediate effects of the leaves of absence involve a reduction in the surgical services rendered by the hospital.

Most of the 13 surgeons are insured by the West Virginia Board of Risk and Insurance Management. Hofreuter said he has met with the surgeons, local lawmakers, the governor's office and the administration at BRIM in an effort to solve the problem.

"These gentlemen (surgeons) are concerned with the affordability of coverage," Hofreuter said. "We've had seven meetings in the last two weeks."

Hofreuter couldn't say if any other surgeons would step forward and request leaves of absence, adding, "In today's (medical malpractice insurance) climate, I'm ready for anything."

Wheeling Hospital owns its own ambulance company, enabling those patients who need services not offered at the hospital transportation to one that does. Washington Hospital in Washington, Pa. and Trinity West Medical Center in Steubenville both offer cardiac surgery.

"The hospital's not closing," Hofreuter said. "It's been here for 152 years and we're going to continue to serve the public."

Emergency medical services will still be available 24 hours a day, seven days a week.

Hofreuter said Wheeling Hospital's sister facility, Belmont Community Hospital in Bellaire, could see an increase in patient volume in the coming weeks.

At OVMC, Felici said Friday the facility has received letters from about a dozen general, orthopedic, and cardio-thoracic surgeons indicating that as of Jan 1, they will be taking leaves of absence.

"The hospital has, as a result, put a plan into place to deal with this," he said.

All elective surgical procedures scheduled for early 2003 for the particular surgeons have been taken off OVMC's schedule, he said.

Felici said any patients coming to OVMC's EMSTAR unit for medical care will receive care. However, should they require surgical treatment, they would be transported to another facility, he said.

"Patients who present to the ER will be cared for. We're not changing any of our services. The ER will be open 24 hours a day, seven days a week," he said. "We do have protocols in place to transfer patients if need be."

The hospital, he said, has alerted the air ambulance service it has dealt with for helicopter transport of patients requiring neurosurgical care "that the numbers of patients requiring transport are going to go up."

In some cases, patients might be transported to OVMC's sister facility, East Ohio Regional Hospital in Martins Ferry, he said.

The cases will be dealt with on an individual basis. While some could be transferred to EORH, other patients could be taken to facilities in Morgantown, Columbus, and Pittsburgh, he said.

Felici said the hospital "understands the surgeons' plight" and supports their position to have the West Virginia Legislature reform medical liability insurance laws. He noted that the hospital's medical liability insurance premium runs $10,000 a day.

"We understand what they're trying to accomplish. I want to make that clear," he said.

As to how long the leaves of absences could continue, Felici couldn't say.

"The initial requests of the surgeons indicates it is month to month," he said.

The effects on operations at OVMC could be far-reaching.

He predicted a partial downturn in patient volume at OVMC as well as "some increased volume" at EORH.

"We've put into place a plan for increased support services at East Ohio," he said.

[jackbill]

Looks like Mississippi is doing something about this:

Check out:

"Mississippi's litigious jurors", an editorial in today's Washington Times, at:

http://www.washtimes.com/op-ed/20021228-393583.htm

[friendly]

Interesting commentary from a first person reporter. How is the obstretrician situation where you are? Over in the delta the situation has collapsed in an area that could not afford for this loss in the first place.

[MississippiMan]

The very last OB-GYN packed up and left Cleveland, Mississippi recently. Town of around 20,000 people, with a small university, and not one OB-GYN remaining. I'm sure there are many similar examples. Sad.

MM

[friendly]

In much of Mississippi and west Virginia, if you have the misfortune to be in a serious car accident, you are doomed. The trauma care system has essentially collapsed.

How does a small ER do emergency neurosurgery when the vermin, evil democrat party, oops I meant distinguished trial lawyer industry, has driven all neurosurgeons out of business?

Answer: They don't. You are airlifted maybe to Ohio or Tennessee or wherever, losing "the Golden Hour" when you are most likely to have saved a life.

I truly hate lawyers and democrats. There will come a tort reform reckoning one day. Bring it on!

[friendly]

bttt for this important story.

[wardaddy]

My folks moved to Nashville when my dad merged his construction/engineering firm with one here in Nashville while I was at Ole Miss in the late 70s. But aside from my mother and brother, all the other members of my extended family still live down there and I go down about 4 times per year for visiting and hunting. I grew up in the Jackson and Mississippi "gentry" environment....for what it is...lol ...and I know many of the players. They almost all feign shame and make the claim of course that "everyone is doing it". One of my closest lifelong buddies is up in the thick of it and quite well known.

It's the perfect synergy of a more than willing populace and zero integrity attorneys.....and throw in a sympathetic legislature and juduciary for good measure.

[friendly]

It's the perfect synergy of a more than willing populace and zero integrity attorneys.....and throw in a sympathetic legislature and juduciary for good measure.

The term "zero integrity attorneys" is technically a redundancy. "Ethical lawyer" would be an oxymoron.

Mississippi is full of great folks, yet seems like some backward developing nation. It will forever remain a hopeless economic basket case with miserable public and health care services unless Missississpi cleans up the corruption. Begins with calling the Orkin exterimator for the lawyer vermin. Viva Mississippi Libre!!

[mountaineer]

Here's what's happening in neighboring Pennsylvania:


Many Pennsylvania doctors already struggling with skyrocketing medical-malpractice insurance premiums were outraged by a letter they received this week from the head of a state agency warning them not to abandon their patients.

The Dec. 20 letter from Secretary of the Commonwealth C. Michael Weaver was sent to all licensed doctors in the state as a "reminder" of their professional and legal obligations to their patients.

The letter arrived as some doctors say they will, at least temporarily, stop practicing medicine as of Wednesday in response to the state's malpractice crisis.

"A stoppage of practice may be detrimental not only to your patients, but also to your practice, your standing amongst colleagues, as well as your license should your conduct be found to constitute abandonment," Weaver wrote.

Full story at: http://www.philly.com/mld/inquirer/news/front/4826479.htm

[VOA]

The tort situation however is not as horrific as the true crisis of Mississippi or West Virginia.

(as compared to California)

VOA's comment:
I would definitely agree about Mississippi, having seen the Sixty Minutes episode about
the personal (especially pharmaceutical) lawsuit gravy train in MS. (I just haven't
heard much about WV in this regard).

But, I will say that the current state budget criss in California...and Gray Davis'
recent appointment of former state legislator Steve Peace (San Diego, D) to be Davis'
main advisor in fixing this mess might push California ahead of MS in the race for
the financial bottom (on per-capita average).

As much as I expect Gray Davis to make decisions as if he was in a magic-mushroom
phase, I was shocked when he said Steve Peace was his choice to help him out of this
current state budget deficit.

Steve Peace gave California's the failed (easily-gamed) utilities "de-regulation"
(actually, RE-Regulation) scheme, as well as having produced the series of "cult" films
know to the world as "The Attack of The Killer Tomatoes".

Honest, I didn't know all this about Steve Peace until I heard it on The Michael Medved
Show on Friday and checked it out at www.imdb.com and the Los-Angeles-based "Daily News".

If someone had told me a governor of a major state (in the USA) would pick someone
like Steve Peace to fix a near-cataclysmic budget mess...I'd told them to
cut back on the hallucinogens...
...BUT, then again, we are talking California.

[hinckley buzzard]

"entitled" to a hefty wad of cash.

Yes. It's all well and good to blame
greedy shysters and crazy juries; but considering 90% of malpractice claims are BS, the greedy self-serving patient (or patient's family) has a defining role to play.

Of couse, the arrogant doctor (and surgeons are the most arrogant of all, as a class) who enjoys and encourages being treated like god, is not exactly an innocent victim when his patients are then disappointed and angered by less than godlike results.

[Pining_4_TX]

I like people who find a silver lining in the clouds! :)

[Pining_4_TX]

Lawyers, yes, but insurance companies are greatly affected by stupid government regulations. Government involvement in health care is the major cause of rising costs, and diminishing supply and quality of health care in this country.

[Libertina]

Lefties & their lawyers will be the death of our country if we don't rein them in.

[Las Vegas Dave]

Bttt (for later reading)

[hawkaw]

I know how tort law can be a pain.

Yet I also understand doctors are trained and LICENSED to NOT make mistakes, errors, omissions etc. A "few" doctors do make these mistakes and errors either through improper training or negligence. The problem is, of course, when these few doctors, who are "trained" professionals do make errors or mistakes there is harm to human life. And the patients, who are harmed, do need a chance to try and get a financial settlement for the harm that these "few" doctors created through a tort action. Like I know if my child was rendered almost dead for the rest of his life by a doctor's improper actions and needed constant medical care it would cost millions and I think the doctor would need to "pay" for some of that - at least that is the way I would feel (plus I would want to beat the crap out of the doctor too).

So .... are insurance companies raising rates because of a few doctor mistakes? Or are the number of legal actions that high since retaining lawyers is essentially free? Or is it a combination of both?

Then, I guess what I need to understand is - should there be a happy medium and where is the happy medium? Is there a happy medium? Should we look at a system of just throwing a doctor in jail if he/she wrongly harms a patient and get rid of tort actions against doctors?

[friendly]

Thank you to crooked bureaucrat/politician C. Michael Weaver of Pennsyvania. It is nice to know how had he has been working to support tort reform all this while.

Really has his finger on the pulse and is totally on top of the situation, so it doesn't become a crisis or anything. Yes, he is even going to pay all those insurance bills for the docs, beginning on January 1, 2003, so all the docs can remain in practice. Real helpful guy!

[friendly]

Gray Davis and Steve Peace: Dumb and Dumber personified.

Gentlemen: The inmates have taken over the asylum!

[RnMomof7]

It is a delicate balance..I saw some terrible mal practice when I did hospital work..in one case a woman ended up with a colostomy because the doctor "nicked" her bowel during another surgery..he told her he saved her life. That he discoverd a tumor while he was in there..everyone reading the chart knew the truth and here is that woman telling every one how the doctor is God..Too many stories to tell..if it was YOU or YOUR family you would want the doctor held responsible There are lots of lousy doctors out there. LOTS.

So any reform has to allow for honest to goodness mal practice actions ..but mostly what is needed IMHO is arbitration first..

That woman was entitled to compensation for her suffering and his error..how much..depends..But do not be too quick to give away your right to seek redress in the courts

[Libertina]

I agree with you that there are some incompetent doctors, and there are also people who have $ signs in their eyes when anything goes awry. Just because a person dies doesn't mean the doctor is at fault, and there is no one on earth who does not make mistakes at work... That being said, I support recourse through the legal system for real damages, but not to become rich for life through litigation. If we reduced judgements and also revoked licenses of bad doctors perhaps it would be a more equitable system. But I really think our country is being torn apart by lawyers in every field - who you hire, fire, rent to, treat, etc - it's a mess and it's how the minority positions get their way.

[JusPasenThru]

$50 million for a judgement??? What are they smoking in WV???