Maryland Medical Liability Crisis

Additional Online Sources on Tort Reform

In order to contribute to a general understanding of the medical malpractice crisis, MedChi staff has compiled the following list. MedChi is not necessarily endorsing the information provided by any of these sites nor have any of the owners of these sites endorsed the MedChi tort reform proposals.

American Medical Association Medical Liability Reform page
Save Our Doctors - Website on Tort reform in Maryland:  www.saveourdoctors.org
Prop 103 Flawed Analysis - The personal injury lawyers and their front organizations assert that the California "MICRA" reforms, on which MedChi's proposed reforms are based, did not control insurance cost. Instead, they repeat the myth that an insurance reform initiative, known as Prop. 103, is what made the difference. Read the myths and the realties.
bulletProposition 103 Myths and Realities
Tillinghast - Tillinghast provides actuarial and management consulting to financial services companies and advises other organizations on their self-insurance programs. It is part of Towers Perrin, one of the world's largest management consulting firms.
bulletFour page analysis of malpractice situation.
(You need free Adobe Reader to read this.)

“With insurers seeking substantial rate increases, health care providers are caught in a financial squeeze because much more of their revenue is derived from private health or government medical plans (than in the 1970s and 1980s). These programs limit or prevent health care providers from passing on costs to patients by increasing their fees. Without revenue and rate relief, providers may find the economics don’t work, which could lead many to abandon their practices, threatening the public’s access to quality health care.”
bulletPress release announcing 2002 Report on liability costs

“The U.S. tort system cost $205 billion in 2001, or $721 per U.S. citizen, representing a 14.3% increase in tort costs since the year 2000. At current levels, U.S. tort costs are equivalent to a 5% tax on wages. These findings were reported by Tillinghast –– Towers Perrin (Tillinghast) in U.S. Tort Costs: 2002 Update –– the only study that tracks the cost of the U.S. tort system from 1950 to 2001 and compares the growth of tort costs with increases in various U.S. economic indicators.”
Trial Lawyers Inc. - Below is a page from a tort reform site specifically addressing medical malpractice. It is unlikely to be regarded as a balanced view of the subject.
bulletAn Unhealthy System
“Among Trial Lawyers, Inc.'s most mature markets is that for medical malpractice. Today, soaring jury verdicts are producing outstanding returns for the lawsuit industry even as they drive up insurance costs and make it difficult for patients in some areas to find doctors or hospital care. Hard-pressed to pay skyrocketing premiums or even to find coverage, doctors are abandoning risky procedures, retiring early, and moving out of tort-friendly states.”
Agency for Health Research and Quality (Part of the United States Department of Health & Human Services)
bulletThis is their fact sheet on medical errors. Supports the contention that health care errors are primarily systems errors.
  Assistant Secretary for Planning and Evaluation (Department of Health & Human Services)
bulletHHS sponsored report supporting President Bush's call for national tort reform.

“Americans spend proportionately far more per person on the costs of litigation than any other country in the world. The excesses of the litigation system are an important contributor to "defensive medicine"--the costly use of medical treatments by a doctor for the purpose of avoiding litigation. As multimillion-dollar jury awards have become more commonplace in recent years, these problems have reached crisis proportions. Insurance premiums for malpractice are increasing at a rapid rate, particularly in states that have not taken steps to make their legal systems function more predictably and effectively. Doctors are facing much higher costs of insurance, and some cannot obtain insurance despite having never lost a single malpractice judgment or even faced a claim.”
  Center for Studying Health System Change - A Robert Wood Johnson Foundation funded project.
bulletMedical Malpractice Liability Crisis Meets Market: Stress in Unexpected Places

“While the causes of rapidly rising medical malpractice insurance premiums remain contentious and unsettled, the consequences are rippling through communities, threatening to diminish patients' access to care and increase health care costs, with an uncertain impact on quality, according to findings from the Center for Studying Health System Change's (HSC) 2002-03 site visits to 12 nationally representative communities. The severity of malpractice insurance problems varied across communities, with some physicians changing how and where they care for patients. For example, rather than treat patients in their offices, more physicians are referring patients to emergency departments. And many physicians, especially those practicing in high-risk specialties, are unwilling to provide emergency department on-call coverage because of malpractice liability concerns. “
The Pew Charitable Trusts - An organization that supports nonprofit activities in the areas of culture, education, the environment, health and human services, public policy and religion.
bulletThe Project on Medical Liability in Pennsylvania - A very balanced look at the Pennsylvania crisis.

"While cyclical changes within the insurance industry are clearly a factor affecting the affordability of liability coverage in Pennsylvania and elsewhere, the largest component is the rising cost of legal claims. No clear evidence yet exists as to the effects of the malpractice crisis on Pennsylvania’s health care system. However, providers, particularly hospitals, are under greater financial strain now than in past crises.”

 

How You Can Help:

Visit the MedChi's Medical Liability Crisis homepage for Maryland specific expert analysis.

Get Your Patients Involved! Have your patients sign MedChi’s petition to show Maryland legislators that patients want their doctors to be there.  
Click here for the petition.

 Call or E-mail Your Elected State Officials. Use the information from this website and from the Physician Action Kit to educate your elected representatives and tell them that you want change. Contact your legislator below.
 
 
Keep Current on the Issues. Contact MedChi’s Information Center at 1-800-492-1056, ext. 351 or  jduffy-bilanow@medchi.org to join MedChi's email listserve.

Be a Leader. Become a Member of MMPAC. Call MedChi's Annapolis Office at 410-974-8384
legislative.medchi@erols.com

 Be Part of the Team.  Join MedChi today if you are not already a member. 


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