Re: Mal-practice insurance rates

[Guest guest]

Hi, Ray!

I agree with you -- something needs to be done.

What I don't understand (maybe you can help me) is why they cannot handle

malpractice insurance in a similar way to car insurance coverage. Good

doctors, with no malpractice problems, should be able to find coverage at a

good price, just as good drivers can find. If you're a lousy driver, and you

get into accident after accident, the insurance company punishes you by

driving your premiums up. The same should be true of bad doctors. THEY are

the ones who should be shouldering this increase in premiums (which is

ridiculous, to begin with). Of course, I've been to my fair share of bad

doctors, and they usually have a very large sign in their office: " Dr.

So-and-So is no longer carrying malpractice insurance. "

I tried to sue the doctors for malpractice who caused the damage to my leg,

resulting in the RSD. There was an emergency clinic doctor, a podiatrist who

mis-read the x-ray and insisted that I walk on a foot that was fractured (no

cane, no crutches). I find out from the lawyers that NONE of these crummy

doctors (there were 5 altogether who had misdiagnosed me and misread my

tests) had ANY malpractice insurance. The lawyer suggested that I sue the

surgeon who tried to correct the problem. I asked him, Why? Well, simply

because he HAD malpractice insurance. I said, " Forget it. " To me, that made

no sense whatsoever. Why would you sue someone who helped you, and was a

good and caring physician? Simply because you CAN???

THAT is the crux of the malpractice crisis. Greedy patients (many of whom

see doctors as having " deep pockets " ), greedy lawyers, and a

not-so-intelligent jury system who thinks that they can " punish " large

hospitals and corporations by awarding ridiculously huge awards. Uh,

DUH.....where do you think the ins companies for those large hospitals and

corporations are going to get their money???

Sorry.....didn't mean to ramble......I'm mad at MY doctor today, but I'm

trying to keep an open mind about the medical profession! :-)

Fran

[Guest guest]

Ray,

Thank you so much for enlightening me about this situation. I am going to

print out this e-mail so that I can use it to educate people who think they

know all about this issue. Obviously, unless they're in the position that

you are (married to a physician), they DON'T know all about it!

If it was done by anyone other than insurance companies, the legal system

would define it for what it is: extortion! THEY decide what cases to settle

and then how much to settle them for, and then they proceed to punish the

DOCTORS by unfairly increasing their premiums.

I have a small idea of what type of patients we're talking about, too. I've

seen them in every doctor's office I've ever been in -- waiting for the

smallest opportunity for a windfall. You can tell from the way they answer

the receptionist that they have a chip on their shoulder a mile wide!

And, from the insurance company, the blame goes to the government. They

don't CARE about people's lives in this country: whether it's unemployment

benefits that are stopped during the holidays, or prescription medicines that

people cannot afford for survival, or in this case, moderating malpractice

insurance rates. And you don't know where to look: both extremes of

leadership have been in office, with no results.

I hate to be negative, Ray, but I wonder, with the rise of rates going across

the country, is there a state where your wife will be able to afford to

practice? Is the answer becoming part of a large practice, or being in a

small one or on your own? Is she one of the doctors who have considered no

longer delivering babies? It seems nobody in this country realizes the

ramifications of THAT, either! They think that this is all some kind of a

hoax. But then, considering there is an element in this country that don't

believe the Holocaust OR 9/11 happened, I guess we shouldn't be too surprised

that they don't believe in the upcoming medical crisis, either.

You and yours are in my thoughts and prayers, Ray!

Gentle Hugs,

Fran

[Guest guest]

Fran,

Thanks for the understanding reply. It's good to know that some folks actually

are thinking through these situations with clarity and intelligence. You are

very right that high settlements have and will cause expansive cost rises in

medical care.

While reading your response a question came into my mind: How do you define a

good doctor? Or a bad doctor for that matter? The insurance companies do give

different doctors different risk levels based on the number of time and the

amounts they have been sued for...not necessarily on whether or not the doctor

was proven to be negligent in any way.

These same companies force doctors to sign policies in which they agree to give

full authority to the insurance company to make out of court settlements,

without the doctor's consent, if the insurance company's lawyers decide that is

the best way to go, again, whether or not the doctor made a mistake or not. The

doctor never even gets to confront the person making the charges against him or

her, or even to give evidence that no mistake or negligent action was committed.

The reasoning of the insurance companies is that it is cheaper to settle than to

litigate many cases, even if the suit has no merit. The suing party may settle

for an amount of money that would be less than their court costs and lawyer

costs to settle the suit in court. The dollar is the deciding factor, not the

worthiness actions in question. I don't think most people are even aware of

this deminision of the problem.

A good doctor who has had frivolous, unfounded law suits filed against him or

her suddenly is in the position of having their mal-practice insurance rates

skyrocket...even if they did nothing wrong. The fact that the insurance company

can settle without the doctor's agreement or consent means that totally innocent

doctors often have to pay a price that is unfair and financially destructive.

Jury trials are difficult when the plaintiff is a child or a baby. Many times

there is no evidence that the doctor did anything that resulted in a handicapped

infant, but when the child is brought into court and is obviously handicapped or

deformed, juries want to blame someone, even if the cause is a genetic one.

Take cerebral palsy, for instance. Research has proven that most CP cases are

not the result of birth injuries, but of developmental problems prior to birth.

Yet how many OB's are sued because a child is born with CP? The doctor just

happened to be the unlucky doctor at that particular birth. And believe me,

when an OB attends the birth of a handicapped child it strikes terror into their

hearts that they will be sued.

I do understand the other side of the question. I've certainly had my own

problems trying to get appropriate care over the years.

We also had a terrible time getting anyone to take my mother's complaints

seriously. Fully two years after seeking help, by the time we found a doctor

who would believe her and take a biopsy of her lungs (she said she couldn't

breathe well and it got worse every week) she was in terminal condition with

fibrosis of the lung, where the lung tissue slowly turns into scar tissue and

cannot transfer oxygen into the bloodstream...yes, there are things as worse, if

not more so, as cancer.

Even though her complaints were ignored there was no way to sue since you had to

prove that if they had discovered the disease sooner that some truly corrective

action could have been taken. There is no cure for fibrosis except the

possibility of lung transplants. Which they wouldn't have done because she was

over 60. There is more to her horror story with unresponsive doctors, but it

does no good for me to revisit it.

I do agree that patients should have some recourse to take a question of their

care to court for settlement, but the current legal climate is terrorizing the

medical professionals in all fields. You can't watch TV for more than a few

minutes without some lawyer's advertisement telling you to call them if you

didn't like the care you were given by your doctor or hospital.

I'm sure this debate will continue for a very long time. But there are

deminsions to it that most people don't take into consideration. It isn't a

simple issue of good doctors and bad doctors. I wish it were. All I know is

that my our family is going to have to leave our home of ten years and find my

wife another situation in another state where some sensibility in malpractice

insurance rates can be found. There is no way we can keep her practice going

and pay the impossibly out-of-sight rates...fifteen times larger than just ten

years ago. Imagine what that would mean if it were house prices: A home

selling for $100,000.00 ten years ago would be priced at $1,500,000.00 today.

Now imagine that you had to pay that price every year you wanted to stay in your

home, knowing that the costs would go up by more than 50% again next year. It's

a devastating situation for families like ours.

Ray

[Guest guest]

I can tell you this about this situation. If our lawyers would NOT take on

these frivilous cases then these low-life people that sue at the drop of a

hat would be stopped cold. It's mainly the lawyers that are ruining

insurance for all the people in this country. They are the cause of the

high rates. Don't blame the juries for their awards. Some are outrageous

that I do agree with however just like in my situation, I am going to need

enough money to take care of myself and wife for the rest of my life because

I was blinded. I will have to be able to pay for prescriptions, doctor

bills, etc. for however many years I continue to live. This has left me

with no real means of making a living any longer because an anesthetist

didn't do his job properly. I can't get Medicaid because my SSI benefit is

to high I was told so I'm also guessing that I can't get food stamps or

energy assistance either even though that little 1,000 a month isn't enough

to pay my bills. To be honest I feel that I am owed over a million dollars

for his mistake. No, I won't go in asking for more than what I need to live

out the rest of my days as I'm not that way.

At this time I have a lawsuit in the works. It's been in the works now for

over a year with it yet to be filed on because my attorney is making sure he

has a case before he even files the suit. In other words he's making sure

of everything before hand. He will not file it if he can't get a doctor to

give an opinion in my favor. So, here I sit waiting while a bunch of idiot

lawyers are preparing to sue Mcs for making kids fat. Yeah, I just

love that one. Its almost as good as the lady who spilled her coffee and

sued and won.

Insurance companies are in the same category as an extortionist in my book.

They know you have to have insurance and will gouge you as much as possible.

A person becomes uninsurable once you've had a heart attack, stroke or any

other serious malady.

Our Congress sits on their butts instead of forcing the insurance companies

to do right. They still have the prescription bill sitting gathering dust

for Medicare patients. I am at this time trying to find insurance

supplement to Medicare that will pay for prescriptions. I have yet to find

one. I guess my heart meds will go away now since I won't be able to afford

them as well as the Oxycontin I take for my pain. I urge everyone to write

their Congressmen and make the issue known that Medicare/Disability patients

need to have prescription drug benefits.

Sincerely,

[Guest guest]

In a message dated 01/03/2003 12:02:36 PM Eastern Standard Time,

franski07@... writes:

> If you're a lousy driver, and you get into accident after accident, the

> insurance company punishes you by driving your premiums up. The same

> should be true of bad doctors.

Fran:

The number involved does not necessarily indicate a bad driver or doctor. I

am a perfect example as I have been in 9 auto accidents since 1985; 1 was

serious, the others ranged from that to minor. In no case was I given a

ticket; and, in each case, the other driver received a ticket. Although some

were work related, I still had to report them to my insurance company and my

rates did not change.

In the case of doctors who may have a high rate [by individual or practice

type] of suits/complaints filed against them, I think each instance would

have to be evaluated to determine whether or not the doc was a good or " bad "

doc. And, we have to remember that in many, many cases people - regardless

of occupation - will settle a lawsuit rather than go to trial. It's cheaper

to do it that way. And, that is unfortunate.

I fully support the discipline of bad docs, including the increase in

insurance rates and removal of their license to practice. I do not support

just looking at numbers and making a judgment in that manner.

Carol

[Guest guest]

,

Meicare needs the script package included in and it will be put it this year,if

it makes the Republicans look good,if not,this up coming year is a voting year,

It is time(already) to shift the power of Congress & the House Of Rep into the

Democrats: so not to sound like a broken record:register and vote. If you don't

vote--and there are plenty of ways to get your vote in--so the only excuse for

not voting is death. I don't do much,I can't in the shape I'm in, but I do vote,

neither party is worth much, BUT at least the Democrats seem to want to help the

lower rungs of the ladder.

But just one point I wanted to make:the unemployment extensions were to be voted

on before Congress let out for Christmas, Congress DIDN'T, money ran out, people

suffered at Christmas--so BUSH--asks--2 days after CONGRESS left why wasn't it

signed--REPUBLICANS are controlling everything--BUSH is their leader--yet the

poor fellows depending on unemployment benefits for Christmas get shafted:by the

REPUBLICANS:who are lead by BUSH. I didn't vote for him,and if you truly want

changes, YOU have to VOTE and change the leadership.....I hope one day,there

won't be a reason for anyone needing pain releif to have to go and beg for

releif, it should be their right for relief from pain.

[Guest guest]

Concerning unfair insurance increases: I was rear-ended four times in three

different family member's cars over a period of less than six months. Three

times I was stopped behind other traffic at stop lights, a stop sign, or a

school crossing guard. The fourth time was on the interstate when traffic came

to a stop and the lady behind me couldn't stop fast enough. In none of those

situation was I in the fault. However, our car insurance rates jumped by 40%,

even though our insurance company paid nothing for car repairs, rentals, or

medical bills in any of those situations.

Needless to say I am still a little paranoid when I have to stop in traffic at

lights or stop signs, etc.

But the point is that people can not be at fault and still have to pay increased

rates due to circumstances beyond their control. Same thing is true for

doctors.

Ray

[Guest guest]

In a message dated 1/3/2003 11:11:48 PM Eastern Standard Time,

dragonv@... writes:

> I urge everyone to write

> their Congressmen and make the issue known that Medicare/Disability patients

> need to have prescription drug benefits.

>

>

and greedy lawyers need to be abolished from the earth !!!! Government could

start by disallowing the media to sell time and space to them. Like they did

for tobacco commercials. Of course that won't happen but it feels good to

speak about it !!

[Guest guest]

In a message dated 1/4/2003 1:05:08 AM Eastern Standard Time,

msvvarrior@... writes:

> I do not support

> just looking at numbers and making a judgment in that manner.

>

>

I agree...in my business that is the way they do things (looking at numbers)

and very often that has meant the dismissal of very good people and Co. loss.

[Guest guest]

> and greedy lawyers need to be abolished from the earth !!!! Government

could

> start by disallowing the media to sell time and space to them. Like they

did

> for tobacco commercials. Of course that won't happen but it feels good to

> speak about it !!

Yeah, it does sound good doesn't it? I'd love to see " OUR " Congress send

the Insurance company thugs out the doors on their collective asses!!!! But

that won't happen either. They have all of " OUR " Congressmen/women by their

short-hairs.

Best Regards,

Vasko

dragonv@...

http://www.neverrun.com

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[Guest guest]

you wouldnt happen to be from southern PA would you? I have heard that the ins.

rates here ire the highest in the country.

Mal-practice insurance rates

News was full of mal-practice insurance rate increases for doctors

today. My OB/GYN wife just informed me earlier this week that her

malpractice insurance rates went up 67% for the coming year. ...