.Humanitarian Resource Institute:  A U.S. & International Resource on the Scope of Humanitarian Assistance
.
.

.
.
Posted: 7.29.2003 10:00 am
AMERICA'S MEDICAL MALPRACTICE CRISIS
.

Red: States in crisis, Yellow: States showing problem signs, White: States currently ok
American Medical Association

Recently, outbreaks of Severe Acute Respiratory Syndrome (SARS), Monkeypox and West Nile Virus have challenged the public health infrastructure in the United States.  Fortunately, we have escaped a catastrophic incident (Waiting for Bioterror- Facing A Public Health Train Wreck), a scenario that would be exponentially complicated due to the nation's uninsured (SARS: America's Uninsured and the Threat of Emerging Infectious Diseases). 

While conventional estimates have placed the number of uninsured Americans at 41 million, a recent report released by RWJF estimates that nearly 75 million Americans under the age of 65 were uninsured at some point in 2001 and 2002. The report revealed that four of five uninsured Americans are in working families. And though more than half of the nation's uninsured were non-Hispanic whites, racial minorities were disproportionately affected, with 52 percent of Hispanics and 40 percent of African-Americans going uninsured sometime in the same two-year span (AMA: Covering the uninsured - Part of the Solution). 

In addition to these problems, homeland security, preparedness and response, physicians who are now forced to discontinue medical services due to their inability to pay medical liability premiums, may be the most significant challenge to the U.S. Public Health Infrastructure. 


In The News

  • GAO Report Suppressed: Finds Increased Insurer Losses Behind Malpractice Crisis:  Medical Malpractice Insurance: Multiple Factors Have Contributed to Increased Premium Rates. GAO-03-702, June 27. Highlights, Tuesday July 29, 2003 3:57 pm ET -- -- Physician Insurers Association of America
  • 1,000 doctors provide affidavits: With rising malpractice premiums, Medicaid and Medicare patients - the poor and the old - are affected the most, as physicians make business decisions about what patients they can afford to accept. Thu, Jul. 31, 2003, Talahassee Democrat.


[Edited]

American Medical Association
http://www.ama-assn.org/ama/pub/article/3216-7891.html
.
A cry for help 
How the medical liability crisis is affecting one physician’s family

We have heard and told countless stories of the impact the medical liability reform crisis is having on physicians across the country. In the background are the recounts from the loved ones of those physicians: the husbands and wives who watch helplessly as their spouses are forced to shut down practices, stop delivering babies or move across state lines in search of more reasonable liability insurance rates. But when we heard from one such spouse after the U.S. Senate voted against a Motion to Proceed on the Patients First Act (S.11), we knew her account would ring true with physicians and patients around the country. 

Here is her story:

“All my husband wants to do is save lives. He was very poor growing up and had to borrow money to attend medical school. It was his dream and he truly is gifted at it, so it hurts even more that we have lost so much when he works so hard. “My husband is a general surgeon, but his skills are going to waste. On April 15, his hospital’s trauma center shut down. Last week, he was paged because a trauma victim was accidentally brought to his hospital – even the ambulance services still believe they’ll find help at these trauma centers. Our neurosurgeons have left. One trauma [physician] – a friend who lived on our street – moved to Kansas last week with a very heavy heart. We’ve been forced to borrow against our house and recently had to dip into our 8-year-old daughter’s college fund to cover his rising malpractice rates, which recently doubled to $180,000 per year. Why are we doing this to our precious, valuable doctors? They’re all so afraid now.

“Meanwhile, the trauma center is showing absolutely no signs of coming back to life. I think the general public thinks, ‘Oh, they’ll reopen the trauma center.’ But many doctors here have lost hope. I’m even going to the hospital and putting medical liability reform literature in the doctors’ lounge.

“This whole experience has been rough, to say the least. We are very fortunate to have an extremely strong marriage. I am 47, he is 46, and we never see each other anymore, which has caused a lot of pain. He wants to be home to spend more time with family but cannot afford to turn down consults. I myself am losing hope. How could we let the best health care system in the world suffer? I recently learned that my daughter had told her teacher she was worried her dad would lose his job. In fact, one of her classmates just moved because her father, a heart surgeon, had to relocate to Maryland, where [insurance] rates are more affordable.

“My sister told me that she recently read a quote in a magazine by someone who said the medical liability problem was overblown, and that it really only affects a few high-risk specialists. I suppose no one in his or her family needs OB/Gyns, emergency room doctors, surgeons of any kind or internists – all of which are affected. 

“On Sept. 11, 2001, my husband and some colleagues were in New York City for a medical license renewal seminar, and they immediately boarded a bus and went to help. Now, I think those doctors would be nervous about helping in an accident, for fear of opening themselves up to liability.

“Our family is in the process of moving across state lines to Kansas, where a stabilization fund is in place to guard against the kind of jackpot justice mentality which is ravaging Missouri. This breaks my heart, as I have been a Missouri resident all my life, but we feel that we have been abandoned by the Missouri Senate and the U.S. Senate. 

“We are now more in debt than we were when we were paying his medical school bills. It feels as if we have hit a brick wall and do not know where to go with the votes all being killed. I have started using the phrase, ‘You can survive a lawsuit without a lawyer, but can you survive a trauma without a doctor?’ The lawyers need to think about this as they, too, can become victims and need those very trauma centers they are helping to close. Specialist positions are not filling. Physicians are not encouraging their children to enter medicine. I’m afraid that it will be years before our trauma center reopens and, by then, the damage will be irreparable.” 

Resources: Health Law


.
Back to Humanitarian Resource Institute Legal Assistance Center

Copyright © 1994-2003 Humanitarian Resource Institute.  All rights reserved