We're
standing by now to assist you with the pa medical malpractice insurance
quotes you need to fulfill your pa medical malpractice insurance
needs. Feel free to use our service to compare pa medical malpractice insurance
pricing from multiple cariers.
Search results provided by EuroSeek.com:
Results from search: http://www.insurance.state.pa.us/
Pennsylvania Insurance Department
Search the Site
Welcome to the Pennsylvania Insurance Department's home page. This site is a resource for consumers and the insurance marketplace to gather information about various types of insurance, seek data about an insurance
company, or request a complaint form that can be filed with the Department. Look for future enhancements as more information is added.
Mission Statement To serve Pennsylvania´s insurance consumers through fair and efficient regulation of the insurance industry.
Reliance Insurance Company in Liquidation
Information Regarding PHICO Liquidation
Information Regarding Legion and Villanova Insurance Company Rehabilitations
Information on adultBasic
Children's Health Insurance Program 2002 Request for Proposal (RFP)
How do I...
find out what's new at the Insurance Department
find out the names/phone numbers of medical malpractice insurance companies in Pennsylvania?
learn about Financial Privacy
learn about filing a claim on a Holocaust insurance policy?
contact the Insurance Department?
request a brochure about a specific type of insurance?
submit a complaint to the Insurance Department?
view brochures available free of charge?
review Department press releases?
search the web site for specific information?
search for companies that are licensed in Pennsylvania?
see competitive automobile or homeowner premiums by county?
learn more about the Children's Health Insurance Program
COMPASS - online application for social services
learn more about the adultBasic insurance program COMPASS - online application for social services
We encourage you to offer suggestions as to how we can improve our service to you. If you have questions or comments about this web site, contact the webmaster . Thank you for visiting our home page.
Last modified on April 22, 2002
Home | Administrative Hearings | CHIP | Company Information | Consumer Information | The Department | Enforcement | Liquidations, Rehabilitations and Special Funds | Producer Services | USTIF | Links | PA Home | Search | What´s New | Contact Us | Disclaimers | Privacy Policy
Copyright ©2002 PA Insurance Department, All Rights Reserved.
Results from search: http://www.insurance.state.pa.us/html/00medmal.html
2000 Medical Malpractice Data Call
Search the Site
August 15, 2001
TO: Medical Malpractice Insurance Carriers and Self-Insured Health Care Providers RE: 2000 Pennsylvania Medical Malpractice Data Call
Along with this cover letter are the instructions, a map and the spreadsheet templates to be used when reporting your data.
All information is due by October 15, 2001: You may e-mail the data call to:
ekarl@state.pa.us
or you may send your data via diskette to:
ATTN: Ed Karl Medical Professional Liability Catastrophe Loss Fund 8th Floor, 30 North Third Street Suite 800 P. O. Box 12030 Harrisburg, PA 17108
Also, e-mail the data call to:
tpaules@state.pa.us
or you may send a second diskette to:
Medical Malpractice Data Call Attn: Trisha Paules Pennsylvania Insurance Department Office of Rate and Policy Regulation 1311 Strawberry Square Harrisburg, PA 17120
Please read the instructions carefully. If you find any part of this package missing or have any questions relating to this data call, please do not hesitate to phone me at (717) 783-0650 or e-mail me at
tpaules@state.pa.us
Sincerely, Trisha Paules Actuarial Associate Property and Casualty Bureau
Data Call Documents:
Complete Package (All 4 Documents in ZIP format) Introductory Letter (PDF) Instructions (PDF) Spreadsheet (ZIP)
Software to view and print PDF documents is available from Adobe . | Instructions Software to view and print ZIP documents is available from PKWARE . | Instructions
Last modified on August 17, 2001
Home | Administrative Hearings | CHIP | Company Information | Consumer Information | The Department | Enforcement | Liquidations, Rehabilitations and Special Funds |
Producer Licensing | USTIF | Links | PA Home | Search | What´s New | Contact Us | Disclaimers | Privacy Policy
Copyright ©2001 PA Insurance Department, All Rights Reserved.
Results from search: http://www.hookman.com/
Medical Expert - Perry Hookman, M.D., P.A - Medical Malpractice Consultation
Medical
Experts For Medical Malpractice And
Medical Expert Mediation -
Perry
Hookman, M.D., P.A.
Individualized
health care consulting services, medical expert and medical malpractice and
medical mediation consultations for Hospital and medical directors, patients,
attorneys, managed care, employer, insurance, hospital and drug company
executives from a nationwide network of health care experts and Board Certified
Medical Specialists.
For
MEDICAL MALPRACTICE EXPERT CONSULTATION AND OTHER HEALTHCARE LITIGATION, a
roundtable of highly credentialed medical experts and specialists, from academia
and clinical practice, evaluate the merits of each case and identify overlapping
issues between other specialties at no extra charge to select the most
appropriate expert(s) for testimony. PLEASE SEE OUR SECTION MEDICAL
MALPRACTICE AND OTHER LITIGATION.
Please bookmark this page and return frequently for healthcare news,
links and analysis updates.
Phone: (301) 983-1890
Fax: (301) 983-8625
e-mail: hookman@hookman.com
Use the links at the end of the page for browsers that don't support graphics.
For an objective in-depth ANALYSIS OF HEALTHCARE PROBLEMS as well as practical down to earth suggestions and planning by an
experienced certified Medical Director for consultation with a wide ranging supporting tele-communication network of qualified
Medical Experts and Healthcare Professionals. PLEASE SEE OUR SECTION A SECOND OPINION FOR MEDICAL AND NON MEDICAL PROBLEMS.
For MEDICAL MALPRACTICE AND OTHER HEALTHCARE LITIGATION, a roundtable of highly credentialed medical specialists,
from academia and clinical practice, evaluate the merits of each case and identify overlapping issues between other specialties at no extra charge to select the most appropriate expert(s) for testimony. PLEASE SEE OUR SECTION
MEDICAL MALPRACTICE AND OTHER LITIGATION.
How We Work For You, and Disclaimer
A Second Opinion for Medical and Non Medical Problems
We Help You Adapt to the Rapidly Changing Medical Environment
Advantages and Cost Effective Benefits
Medical Malpractice And Other Litigation
Affiliated Offices and Video Conference Sites
Dr. Perry Hookman's Experience
Ask The Medical Director and Get an Answer at No Charge
Health Care Article of the Month
Medical Malpractice Case of the Month
Find Out What is Planned for Next Month at this Site
Dr. Hookman's Favorite Health Care Links
(Including On-Line Clinical Consulting Services)
Archive of Previous Articles
Please Visit These Other Enjoyable Web Sites
Next Page
URL: www.hookman.com
Results from search: http://www.mcandl.com/pennsylvania.html
Pennsylvania Medical Malpractice Summary
PENNSYLVANIA
Statutes of Limitations Statutory Cap on Attorneys' Fees
Contributory or Comparative Negligence Periodic Payments
Joint and Several Liability Collateral Source Rule
Contribution Pre-Judgment Interest
Vicarious Liability Patient Compensation Funds
Expert Testimony Immunities
Damage Caps Arbitration
Statutes of Limitations
Medical malpractice actions are actions for injury to the person or wrongful death, which must be brought within two years. 42 Pa. Cons. Stat. Ann. § 5524 (West Supp. 1997). Pennsylvania courts have adopted a discovery rule for injuries to the person. When the existence of an injury is not known to the claimant, and such knowledge cannot be reasonably ascertained within the two-year period, the limitations period will not begin to run until the discovery of the injury is reasonably possible. Ayers v. Morgan , 397 Pa. 282, 154 A.2d 788 (1959); Citsay v. Reich , 380 Pa. Super. 366, 551 A.2d 1096 (1988). The discovery rule is inapplicable in death cases, however. Pastierik v. Duquesne Light Co. , 514 Pa. 517, 526 A.2d 323 (1987).
A claimant's insanity or imprisonment will not toll the limitations period. If the claimant is an unemancipated minor at the time the cause of action accrues, he may bring the action within two years after he reaches the age of eighteen. 42 Pa. Cons. Stat. Ann. § 5533 (West Supp. 1997).
Contributory or Comparative Negligence
Pennsylvania has adopted the modified doctrine of comparative negligence. A claimant is barred from recovery only if his contributory negligence was greater than the causal negligence of the defendants against whom recovery is sought. 42 Pa. Cons. Stat. Ann. § 7102 (West 1982 & Supp. 1997). Otherwise, the claimant's damages are diminished in proportion to the amount of negligence attributed to the claimant. Id .
Joint and Several Liability
Pennsylvania recognizes the doctrine of joint and several liability. Thus, a claimant may recover the full amount of the allowed recovery from any joint tortfeasor against whom recovery is not barred. 42 Pa. Cons. Stat. Ann. § 7102 (West 1982 & Supp. 1997).
Contribution
The right of contribution exists among joint tortfeasors. 42 Pa. Cons. Stat. Ann. § 8324 (West 1982). Contribution may be sought in either the principal action or a subsequent action. McMeekin v. Harry M. Stevens, Inc. , 365 Pa. Super. 580, 530 A.2d 462 (1987), cert. denied , 518 Pa. 618, 541 A.2d 746 (1988). Joint tortfeasors' liability to one another in contribution is determined by reference to their relative degrees of fault. 42 Pa. Cons. Stat. Ann. § 7102 (West 1982 & Supp. 1997).
Vicarious Liability
In Pennsylvania, as a general rule, a hospital is not liable for the negligence of an independently-contracted physician. Simmons v. St. Clair Memorial Hospital , 332 Pa. Super. 444, 481 A.2d 870 (1984). But, under the ostensible agency theory, a physician who holds independent contractor status with respect to a hospital may be found to be an agent of the hospital for purposes of imposing liability on the hospital. Id . Two factors are relevant to a finding of ostensible agency: (a) whether the patient looks to the institution, rather than the individual physician, for care, and (b) whether the hospital "holds out" the physician as its employee. Id . Effective January 25, 1997, a hospital is not vicariously liable for punitive damages unless it knew of and allowed the conduct by its agent that resulted in punitive damages. 40 Pa. Cons. Stat. Ann. § 1301.812-A(c) (West Supp. 1997).
Expert Testimony
The general rule in Pennsylvania medical malpractice cases is that to establish the applicable standard of care, expert testimony is required. Brophy v. Brizuela , 358 Pa. Super. 400, 517 A.2d 1293 (1986). An exception to the general rule applies "where the matter is so simple, and the lack of skill or want of care is so obvious, as to be within the comprehension of non-professional persons." Id . at 405, 517 A.2d at 1296. New legislation provides that effective January 25, 1997, an attorney's signature on a complaint against a health care provider certifies that the attorney has a report from a qualified expert, based on information available after reasonable investigation, stating that in the expert's opinion there is a basis to conclude that the provider deviated from the standard of care. The statute contains exceptions for cases in which no expert opinion is necessary and for cases where the expert says he cannot provide an opinion without discovery. 40 Pa. Cons. Stat. Ann. § 1301.821-A (West Supp. 1997). However, the affidavit requirement has been "suspended" by the Pennsylvania Supreme Court on the ground that it is inconsistent with the court's constitutional authority to prescribe rules governing the courts. 27 Pa. Bull. 581 (Feb. 1, 1997).
Damage Caps
Generally, Pennsylvania does not impose a cap on compensatory damages. However, members of the Medical Professional Liability Catastrophe Loss Fund are, in effect, subject to limited liability because of state-sponsored excess insurance. See Patient Compensation Funds and Physician Insurance for a discussion of this issue.
Effective January 25, 1997, punitive damages against individual physicians shall not exceed 200 percent of compensatory damages, but shall not be less than $100,000 unless a lower verdict for compensatory damages is returned by the trier of fact. 40 Pa. Cons. Stat. Ann. § 1301.812-A(g) (West Supp. 1997).
Statutory Cap on Attorneys' Fees
The Pennsylvania Supreme Court has held that former 40 Pa. Cons. Stat. Ann. § 1301.604 (West 1992) (repealed 1996), which purported to limit the contingency fee recoverable in a medical malpractice action, is unconstitutional. Heller v. Frankston , 504 Pa. 528, 475 A.2d 1291 (1984).
Periodic Payments
Pennsylvania law does not mandate the periodic payment of medical malpractice judgments, but beginning in 1997 it allows the court upon motion to consider a judgment that includes installment payments, provided the terms are agreed to by all parties. 40 Pa. Cons. Stat. Ann. § 1301.832-A (West Supp. 1997).
Collateral Source Rule
In general, a medical malpractice claimant is entitled to the damages caused by the defendant's negligence, regardless of the compensation the claimant receives from other sources. Denardo v. Carneval , 297 Pa. Super. 484, 444 A.2d 135 (1982).
Pre-Judgment Interest
A Pennsylvania Supreme Court rule allows for the imposition of pre-judgment interest, commonly referred to as delay damages, in bodily injury or death cases. Pa. Rule Civ. Pro. 238 (West Supp. 1997). Delay damages are computed at the prime interest rate plus one percent from the date one year after the defendant was served with process to the date of verdict. Id. Pre-judgment interest is not recoverable, however, for either of the following periods: (a) after an offer of settlement made by the defendant is rejected by the claimant, if the claimant subsequently received a judgment which is not more than 125 percent of an offer of settlement the claimant rejected; and (b) during trial delays caused by the claimant. Id .
Patient Compensation Funds and Physician Insurance
Pennsylvania has a Medical Professional Liability Catastrophe Loss Fund ("CAT Fund") that provides excess insurance to all health care providers in the state. 40 Pa. Cons. Stat. Ann. § 1301.701 (West Supp. 1997). This singular institution affects all defense and settlement decisions in substantial cases. Recent legislation, however, has begun to reduce the role of the CAT Fund by increasing required private limits and by reducing excess limits. Id. Physicians and hospitals in Pennsylvania are required to obtain a prescribed amount of "basic insurance coverage" (which may be self-insured in approved cases). They are then entitled to and required to obtain excess coverage from the CAT Fund, paid for by an annual surcharge. Id . Basic insurance coverage carriers must provide a defense, but they can settle with a plaintiff for their limits and obtain a release, in which case the CAT Fund must continue the defense. 40 Pa. Cons. Stat. Ann. § 1301.702(e) (West Supp. 1997). After the exhaustion of the CAT Fund limit, the health care provider may be individually liable. Health care providers can purchase coverage in excess of the CAT Fund limits, and the excess carrier is protected from being required to drop down in case the CAT Fund is dissolved or becomes insolvent. 40 Pa. Cons. Stat. Ann. § 1301.705 (West Supp. 1997).
The following chart shows how the required limits of basic insurance coverage are scheduled to increase, while excess coverage will decrease. Basic coverage requirements are for policies issued or renewed in the stated year, while CAT Fund limits are for the calendar year. 40 Pa. Cons. Stat. Ann. § 1301.701 (West Supp. 1997).
Basic InsuranceCoverage CAT Fund Limits
Through 1996 Physicians $200,000/$600,000 $1 million/$3 million
Hospitals $200,000/$1 million $1 million/$3 million
1997 and 1998 Physicians $300,000/$900,000 $900,000/$2.7 million
Hospitals $300,000/$1.5 million $900,000/$2.7 million
1999 and 2000 Physicians $400,000/$1.2 million $800,000/$2.4 million
Hospitals $400,000/$2 million $800,000/$2.4 million
2001 and after Physicians $500,000/$1.5 million $700,000/$2.1 million
Hospitals $500,000/$2.5 million $700,000/$2.1 million
A line of Pennsylvania cases holds that the CAT Fund, a statutorily created executive agency of the commonwealth, is not to be treated by the law like a commercial excess insurer. E.g. , Butterfield v. Giuntoli , 448 Pa. Super. 1, 670 A.2d 646 (1995), cert. denied sub nom. Butterfield v. Mikuta , 546 Pa. 635, 683 A.2d 875 (1996). The most important consequence is that the CAT Fund, unlike a private insurer, cannot be liable for bad faith refusal to settle cases. Finkbiner v. Medical Professional Liability Catastrophe Loss Fund , 119 Pa. Commw. 243, 546 A.2d 1327 (1988), aff'd , 523 Pa. 101, 565 A.2d 157 (1989). This puts carriers providing coverage that is excess over the CAT Fund in a bad position, since the Fund cannot be forced by the threat of extra-contractual liability to tender its limits when necessary or otherwise to make reasonable settlement decisions. This situation has been slightly ameliorated by a recent case holding that the CAT Fund can be required to pay pre-judgment interest in excess of its limits for the period of time when it controlled the negotiations. Willet v. Pennsylvania Medical Catastrophe Loss Fund , ___ Pa. ___, 702 A.2d 850 (1997). It can also be required to pay post-judgment interest for its share of a judgment. Montgomery Hosp. v. Medical Professional Liability Catastrophe Loss Fund , 686 A.2d 432 (Pa. Commw. 1996). Although the magnitude of the CAT Fund layer is scheduled to shrink, excess carriers may find that the Fund's capacity to obstruct remains undiminished.
Immunities
Pennsylvania's sovereign immunity may not be raised as a defense to claims for damages caused by the acts of health care employees of the Commonwealth or by a Commonwealth physician or related health care personnel. 42 Pa. Cons. Stat. Ann. § 8522(b)(2) (West 1982 & Supp. 1997). The following defenses may be asserted by the Commonwealth or its employees: (a) the employee was acting pursuant to a duty required by a statute or statutorily-authorized regulation, or (b) the act was within the discretion granted to the employee by statute or statutorily-authorized regulation. 42 Pa. Cons. Stat. Ann. § 8524 (West 1982). In any event, the Commonwealth's liability is limited to $250,000 per claimant and $1,000,000 in the aggregate. 42 Pa. Cons. Stat. Ann. § 8528 (West 1982).
Local agencies and their employees are provided with governmental immunity from damages for personal injury caused by any act of the local agency or its employee. 42 Pa. Cons. Stat. Ann. § 8541 (West 1982). A local agency is defined as a government unit other than the Commonwealth government. There are, however, exceptions to local agency government immunity, but in contrast with the Commonwealth's immunity, there is no waiver of local agency immunity for medical malpractice claims. In situations where a local agency is not immune, its damages are limited to $500,000 per transaction or occurrence. 42 Pa. Cons. Stat. Ann. § 8553 (West 1982).
Arbitration
The former Pennsylvania health care arbitration statute providing for exclusive jurisdiction over medical malpractice claims by an arbitration panel was held unconstitutional as an impermissible infringement upon the right to a jury. Mattos v. Thompson , 491 Pa. 385, 421 A.2d 190 (1980). Arbitration remains an available alternative with the parties' consent, but is no longer required under Pennsylvania law. A new statute provides that within 90 days after the completion of discovery, the court must hold at least one "conciliation hearing," which may be a settlement conference or mediation as the parties prefer, 40 Pa. Cons. Stat. Ann. § 1301.825-A (West Supp. 1997). However, this has been "suspended" by the Pennsylvania Supreme Court on the ground that it is inconsistent with the court's constitutional authority to prescribe rules governing the courts. 27 Pa. Bull. 581 (Feb. 1, 1997).
Copyright © 1990-1998 McCullough, Campbell & Lane. All Rights Reserved.
Revision Date: February 6, 1998
Results from search: http://www.quacks.com/
Medical Malpractice News Science Medical Journal GM Foods Health Foods Health Warning Feedback What is Medical Malpractice All About Medical Malpractice Medical Malpractice Topic Area malpractice-medical.com Medicalmal.com your guide to medical negligence litigation Medical-Malpractice.com Medical Malpractice Victims Organization Hookman.com articles, discussions of malpractice cases Medical and Surgical Litigation Consultants Encision Reports Willis-Knighton Health System Converting to AEM Surgical Instruments; Hospital System Performs Over 5,000 Laparoscopic Procedures Per Year Stockhouse 5/14/02 > Business Editors & Health/Medical Writers | BOULDER, Colo.--(BW HealthWire)Encision Inc. (OTCBB:ECSN), a manufacturer of patented surgical i... OB-GYNs Are Having Second Thoughts Newsday Dr. Juliana Opatich has been delivering babies for 19 years. She works in Bethpage and watches many of the children she's brought into the world playi... Malpractice insurance ails docs, hospitals Amcity Kelly McClurg Staff | Medical malpractice and liability insurance premiums haven't yet reached a crisis point in Birmingham, but doctors and ho... Doctors Convicted more... Cancer Treatment to Resume Tomorrow AfricaNews Medical Students Demonstrate AfricaNews State Seeks to Make Anti-Retroviral Drugs Affordable AfricaNews Misdiagnosed more... Mother who strangled son a 'misdiagnosed schizophrenic' Unison Woman was a 'misdiagnosed schizophrenic Online Ireland Valley Doctors Misdiagnose Their Medmal Insurance Woes, According to Texans For Public Justice PR Newswire How to Prepare for a Lawsuit What To Do If You're Sued for Malpractice Medical and law your guide to medical negligence litigation Thedoctors.com the nation's largest physican-owned malpractice insurer. Nursinghomemalpractice.com Floridamalpractice.com Attorneyformalpractice.com Medical World Search Philadelphia's premier catastrophic injury and complex litigation firm Summary of United States medical malpractice law Malpractice Article Index Tue 14 May 2002 .Pro domain gets selective International Herald Tribune Doctors, lawyers and certified public accountants are welcome to apply. Hairdressers, plumbers and real estate agents are maybes. Don't even bother if... Mon 13 May 2002 Court orders archdiocese to turn over medical records of accused priest Boston Herald BOSTON - The Boston Archdiocese was ordered Monday to immediately turn over psychiatric and medical records of the Rev. Paul Shanley, the retired prie... Malpractice insurance ails docs, hospitals Amcity Kelly McClurg Staff | Medical malpractice and liability insurance premiums haven't yet reached a crisis point in Birmingham, but doctors and ho... Attorneys Sheldon Flanzig, Daniel Flanzig and Cathy Flanzig Launch New Mineola-based Law Firm Business Wire Business Editors/Legal Writers | MINEOLA, N.Y.--(BUSINESS WIRE)--May 13, 2002-- | Flanzig and Flanzig to Draw on Decades of Experien... Interchange Medical Commences Trading on NASD OTC Bulletin Board Stockhouse 5/13/02 FORT LAUDERDALE, Fla., May 13, 2002 /PRNewswire-FirstCall via COMTEX/ -- Interchange Medical Inc. (OTC Bulletin Board: ICMI), a developer of i... Court Demands Priest's Medical Records The Associated Press | BOSTON (AP) - The Boston Archdiocese was ordered Monday to immediately turn over psychiatric and medical records of the Rev. Paul Shanley, the ... Church Ordered to Turn Over Shanley's Medical Records Fox News BOSTON - The Boston Archdiocese was ordered Monday to immediately turn over psychiatric and medical records of the Rev. Paul Shanley, t... No previous results Next 20 results Medicine and Law Patients oppose medical notes law change Patients are strongly opposed to government moves to give civil servants and ministers powers to acc... Seized medicinal pot isn't easy to get back / Confusion over federal, state laws Got pot? Maybe not: Medicinal marijuana users who had drug charges dropped against them might not ge... Tories may tighten medical insurance laws Private medical insurers would face a swathe of commercial regulations governing their healthcare po... Stuart Widow Sues Over Husband`s Death From Ingredient Found in Many Popular OTC and Prescription Products; Is Danger Lurking in Your Medicine Cabinet Business Editors/Legal & Medical Writers | WEST PALM BEACH, Fla.--(BUSINESS WIRE)--April... Top WN Network Feedback Jobs Forum Submit Photo Opinion Ads ©2001 WN.com
Results from search: http://www.lectlaw.com/tmed.html
Medicine and Law - Malpractice Topic Area
The 'Lectric Law Library Lawcopedia's
LAW & MEDICINE
Medical Malpractice
Topic Area
Practical Info & 'News' about Medical Malpractice, Litigation, Standards of Care, Using Expert Medical Consultants & Witnesses, other Med/Law issues...
Lawyers are just like physicians: what one says, the other contradicts. - Sholem Aleichem
Practical Litigation Info
What is a Strong Malpractice Case?
Special Medical Malpractice Statutes
Evaluating the Medical Malpractice Client
Chosing Proper Medical Malpractice Defendants
Initial Malpractice Case Review by Medical Experts
Errors to Avoid when Handling Medical Malpractice Cases
Some Tips to ease using Medical Experts
Direct Exam of Medical Experts - Checklist
Compensating the Medical Malpractice Expert
Choosing & Using Pathologists as Expert Witnesses
Preparing the Plaintiff's Medical Expert Witness for Trial
Determining Injured Plaintiff's Economic & Financial Losses
Determining Potential Defendant Liability in Large Class-Actions
Using Physician Assistants as Expert Consultants & Witnesses
Establishing Medical Standard of Care & Breach Without Experts
Medical Experts & Establishing Standards of Care in Malpractice Cases
Start Preparing for the coming "Wellness" Industry Litigation Tidal-Wave
Lawyers Beware! - Your Client's Personality Disorder can Destroy your Case
Discovering your Opponent's Expert Consultant's Work under FedRCivP 26(b)(4)(B)
FIRST, KILL ALL THE EXPERTS , Proposed Solution to Serious Problems re Medical Experts
From MediScene: Medical CLE Courses & many more Medical Resources for Legal Pros
Be sure to Check Out the Articles, Cases & other Resources
For and About Legal Experts in our
Expert Witness & Consultant's Reading Room
Q: Before signing the death certificate had you taken the man's pulse? -- A: No.
Q: Did you listen for a heart beat? -- A: No.
Q: Did you check for breathing? -- A: No.
Q: So when you signed the death certificate you hadn't taken any steps to make sure the man was dead, had you?
A: Well, let me put it this way. The man's brain was sitting in a jar on my desk, but for all I know he could be out
there practicing law somewhere. - Cross of Coroner by Defense Atty
Related Medical Issues
Advance Health Care Directives, 9k
Organ Donations - All You Need to Know, 13k
Medical Records - Confidentiality & Access, 6k
Multiple Chemical Sensitivities - Fact, Fiction, Disability & the Law, 17k
Proving Links Between Toxic Exposures & Injury - Epidemiology
Proving Links between Toxic Exposures & Injury - Toxicology
Food-borne Illness' -- Solutions to this Growing Concern?
Medical-Legal Issues in Quality Assurance
Hepatitis C - A Silent Epidemic
Dialyzer Reactions
Only Pink Eye?
Plastic Surgery
Rheumatoid Arthritis & Medication
The Practice of Emergency Medicine
Emergency Medicine's 11 Commandments
Snoring & Sleep Apnea - Missing the Warning Signs
Common Negligence Issues In Cardiology
Pulmonary & Critical Care Medicine
Cardiovascular & Vascular Surgery
Acute Cardiac Ischemia Diagnosis
Radiation Oncology
The Gynecologic Oncologist
Medical Malpractice, Cancer & the Oncologist
Mammography & the Diagnosis of Breast Cancer
Cancer Growth - Medical & Malpractice Implications
Managed Care, Cancer & Mohs Micrographic Surgery
Failed Back Surgery Syndrome (FBSS)
Facts about Steffe Plate Spinal Litigation
Trauma & Temporomandibular Injury (TMJ)
Temporomandibular Joint Syndrome - A Primer
Common Obstetrical Complications
Respiratory Distress in the Newborn
Pediatric Orthopedic Surgery Problems
Placental Pathologist's Role Re Birth Problems
Bile Duct Injury & Laparoscopic Cholecystectomy
Laparoscopic Cholecystectomy Information
Q: Do you recall approximately the time that you examined that body of Mr. Edington at the Rose Chapel?
A: It was in the evening. The autopsy started about 8:30 p.m.
Q: And Mr. Edington was dead at the time, is that correct?
A: No, you idiot, he was sitting on the table wondering why I was doing an autopsy! - True Court Quote
'Lectric Law & Medicine News
APPLETON, WI. (UPI '97) - Nadean Cool, 44, has sued her psychiatrist for malpractice in a suit alleging that Dr. Kenneth Olson convinced her that she had 120 personalities, then billed her insurance company for group therapy . Her insurance carrier, after adding up bills it paid for her psychiatric care -- about $300,000 -- has joined the suit. Ms Cool claims that Olson said her 120 personalities included a duck and angels. Thankfully, it appears no one is alleging Cool is mentally healthy.
MIAMI, Fl. (Press-Telegram '95) - A diabetic patient woke up after an operation to find that the surgeon had mistakenly cut off a foot and one toe. The Fl. State Board of Medicine reduced a state hearing officer's recommended stiff sentence, and fined Dr. Rolando Sanchez $10,000 and suspended his practice for six months instead. I'm not saying what he did wasn't wrong, board member Dr. Edward Dauer said, but doctors are not God, and hospitals are not heaven.
NEW YORK, NY. (AP '96) - Rajeswari Ayyappan, 59, checked-in the Memorial Sloan-Kettering Cancer Center for brain surgery. Medical personnel performed the operation flawlessly... but on the wrong side of his brain. Chief of Neurosurgery, Dr. Ehud Arbit, has been relieved of his duties.
LONDON, England. (Daily Telegraph '96) - Cancer patient Cyril Smith, 59, gave up his job in 1993 when doctors said he had three months to live. Now Smith, who since giving up his well-paying job has only averaged 48 pounds ($72) a week, is suing the doctors for loss of earnings because he outlived their predictions. I'm not suing the hospital for thousands of pounds. I just want compensation for their mistake, for the last three years when I could have earned a living to support my family. I want the hospital to apologize, Smith said.
It's astonishing. People sue for anything these days, absolutely anything, said a British Med. Assn. spokesman.
ALBANY, NY. (AP '97) New York Attorney General Dennis Vacco said that the state was being sued for $10 million by Francis Hugh Smith, a convicted burglar, claiming that poor medical care was the cause for his amnesia that made him leave his work release job and forget to return to prison.
NORFOLK, Va. (AP '96) - Thomas Passmore, 32, was working at a construction site when he thought he saw '666', a demonic sign, on his hand. So, recalling the Bible's instruction, If thy right hand offend thee, cut it off, he did... with a circular saw. Doctors at Sentara Norfolk General Hosp. wanted to re-attach the hand, but Passmore refused, believing that he would go to hell if he agreed. The doctors contacted a judge, who advised them to follow Passmore's wish and not re-attach his hand.
Now Passmore is suing both the hospital and the doctors, claiming the hospital should have contacted his parents or sister to overrule the judge's decision and that the hospital didn't tell the judge that he was incompetent.
HARARE, Zimbabwe. (Reuters '96) - A Zimbabwe man was arrested for having sex with a cow. He claimed he was afraid of contacting AIDS from a human partner, so he developed a special, monogamous relationship with the animal. During his court appearance, he expressed his deep affection and love for the cow, recited marriage vows and promised to be faithful while serving his nine month jail sentence.
PITTSBURGH, Pa. (Tribune-Review '97) - An Indiana County man shot himself in the mouth after he mistook a .22 caliber gun for a medicine inhaler. Daniel Sutherland, 49, kept both the inhaler and gun in the same drawer and accidentally shot himself just before 2 a.m. He was airlifted to Presbyterian Univ. Hospital in Pittsburgh where he was listed in fair condition. The .22 caliber bullet did not exit his head.
ANKARA, Turkey. (AFP '97) - A 52-year-old Turkish man was shot in the leg over his attempts to have a penis transplant from a donkey . On two previous occasions Mehmet Esirgen, 52, purchased donkeys, amputated their sexual organs and appealed in vain to doctors to perform a transplant in order to cure his sexual impotence. His family, opposed to the plan, became hysterical when he purchased a third donkey on his way home from Ankara and one of his sons shot him. For a long time now I have had sexual problems and I have spent all my pension funds to overcome them, said Esirgen. He plans to buy a fourth donkey as soon as he recovers from his wound.
SANTA BARBARA, Ca. (AP '96) - A woman, claiming emotional distress, sued her veterinarian for $1 million in damages for breaking the back of her pet iguana.
GOA, India. (Reuters '96) - More than 600 scientists from 17 nations, many of whom drink their own urine and use it for body massage, gathered in western India for the First World Conference on Auto-Urine Therapy to present research showing human urine's healing powers and its effectiveness against cancer, hepatitis B, influenza and diabetes. Several doctors had data showing that urine therapy can ease the painful symptoms of AIDS.
Many patients on auto-urine therapy recover from serious illness, said Dr. Shigeyuri Arai of Japan. His study of 1,752 people who practiced urine therapy found that 60 percent - and 73 percent of cancer patients - reported that their symptoms disappeared. Yes, urine can cure cancer, agreed Dr. Ming Liau, while Dr. Ryoichi Nakao said that about 200,000 Japanese, and perhaps 5 million Germans, gargle their own urine. The Conference attendees, though puzzled as to the reason, generally agreed that some doctors are skeptical and don't even offer their patients urine therapy, despite all the evidence.
There's plenty of related stuff scattered all around the Library
-- like our General Litigation Topic Area and the Legal Pro's Lounge --
so please feel free to wander around and explore.
The Rotunda The Library's central hub, Directory & Index
The Reference Room Dozens of legal Topic Areas & the net's best law Dictionary
The Inner Sanctum Answers to your Questions & Problems re the Library
And if you haven't done so, Please take our head librarian Ralf's Library Tour
Most wonderful experience of my life! * * Greatest thing I've ever done... By Far! -- Typical Visitor Reactions
* * * * * * * * *
Court, Business and other Forms for all States and Situations
(This may open a new window. When you're done just close it and you might be back here.)
Learn how we can help Effectively Promote Your Services , Products or WebSite.
No one connected with the 'Lectric Law Library, including Sponsors, Advertisers, & Content Providers,
necessarily Endorses, Warrants or Approves of any of its material. Also, Library content is NOT meant
to provide Specific Legal Advice, or to Solicit or Establish Any Kind of Professional-Client Relationship.
[Last Revised 2/02]
Results from search: http://www.usalaw.com/pi_home.cfm
Personal Injury Attorneys - Florida - Perenich, Carroll, Perenich, Avril & Caulfield, P.A.
Click here to continue
Results from search: http://www.gweblaw.com/medical.htm
Gimmel, Weiman, Ersek, & Blomberg, P.A., Medical Malpractice
PERSONAL INJURY &
MEDICAL MALPRACTICE
Personal Injury
Medical Malpractice
In areas of personal injury and medical malpractice, the Law Firm's attorneys as well as our paralegal staff work with the clients in obtaining, where appropriate, the personal injury protection (PIP) under their own insurance policies, obtaining a deferral of the collection of medical billings, and coordination of any rehabilitation so that the client receives appropriate treatment pending settlement or litigation of their claim. We also work with the client's physicians and rehabilitation treatment providers to ensure that all medical records are kept up-to-date for submission to any insurance company or court, and to ensure that there is full cooperation between the physicians and other medical personnel, the Law Firm, and the client.
One of the main jobs of an attorney working in the area of personal injury and medical malpractice is to give the client the freedom to concentrate on recovery and rehabilitation while not having to deal with the sometimes overwhelming tasks of insurance documents and negotiation, review, collection and assessment of medical records, consulting with expert opinion physicians about a claim, and record keeping concerning lost wages and medical expenses,
Our attorneys and paralegals coordinate all of these tasks, and keep the client informed and up-to-date as to the status of all matters relating to his or her claim.
Gimmel, Weiman, Ersek & Blomberg, P.A.'s work in the areas of estate planning and business law allow us to bring to the areas of personal injury and medical malpractice knowledge relating to specific issues involving loss of business, consequential damages, and in the case of wrongful death, appropriate claims on behalf of members of the immediate family of the deceased.
Hopefully, you will never need this Law Firm's services in these areas, but if you do, Gimmel, Weiman, Ersek & Blomberg, P.A., is prepared to assist you in fairly settling your claim, or, if necessary, litigating against those who have done you harm, and working to maximize your recovery.
The following attorneys handle
this area of law:
Steven
T. Blomberg
Bethamy
N. Beam
Stuart
Muntzing Skok
Results from search: http://www.publicopiniononline.com/news/stories/20020309/localnews/1789686.html
Medical procedures carry no guarantees Pa.'s insurance crisis hurts doctors and their patients - Local News - publicopiniononline.com - The Public Opinion
Home
News
Communities
Classifieds
cars.com
Jobs
Sections
Local News
News from Chambersburg and vicinity
Obituaries
Today's obituaries from the Public Opinion
Local Sports
Area high school and college sports
Opinion
Editorials, letters, columnists
Weather
Forecast and latest conditions
Technology
Your guide to the 'Net, gadgets, games and more.
Nation/World
Breaking headlines from The Associated Press.
Saturday, March 9, 2002
Medical procedures carry no guarantees Pa.'s insurance crisis hurts doctors and their patients
HEALTH: COSTS OF CARE
EMILY PHELPS
Staff writer
Dr. Marianne Herr-Paul delivered babies to Franklin County mothers for eight years.
Now her hands no longer bring forth new life.
Herr-Paul says premiums for medical malpractice insurance that tripled in two years accelerated her decision to leave obstetrics last year and establish a new practice treating people with problems in their bones and muscles.
"Expectations from patients have exceeded reality," Herr-Paul said. "The expectation in obstetrics is a perfect baby. There's a tendency to want to blame someone if there's an adverse outcome."
The battle over soaring malpractice costs is being waged across Pennsylvania and the nation in courtrooms, doctors' offices and insurance company boardrooms, producing bitter and often complex disputes among doctors, lawyers, insurers and patients.
One result of the crisis is that Franklin County could lose doctors to states such as Maryland with lower costs, according to Norman Epstein, president and chief executive officer of Summit Health, which operates both Chambersburg and Waynesboro hospitals and pays $1.6 million a year in medical malpractice premiums.
That means area residents could face longer waits and have fewer choices when seeking medical help. The problem could be especially acute in high-risk specialties such as obstetrics, neurosurgery and orthopedics, where premiums are expensive.
The furor over malpractice costs centers on three elements:
Patient safety: A recent national study attributed thousands of patient deaths annually to medical errors. Finding ways to reduce errors and increase accountability in the medical community could reduce the number of lawsuits and, therefore, jury awards, patient safety advocates say.
Tort reform: Torts are defined as wrongful acts for which civil action can be taken, excluding breach of contract. Reform currently being considered by state legislators in Harrisburg involves such ideas as creating doctor-patient contracts, limiting a patient's right to sue or capping jury awards. While doctors welcome such limits, many lawyers say they could unfairly limit individual rights.
Catastrophic Loss Fund: Each year, doctors pay into this state fund, created in 1976, to make sure there is enough money to cover malpractice claims, which can exceed the amount of insurance carried by an individual physician. But medical professionals say surcharges added over time have driven the cost too high. "The CAT fund, with all the good intentions back then, has turned into a nightmare," Epstein said.
There is no disputing that premiums have risen dramatically and that some doctors have left the state or moved out of high-risk specialties.
Herr-Paul said her premiums more than tripled, from about $8,000 a year to $25,000 a year in the two years before she left Tuscarora Family Practice.
Epstein said at least three local physicians have stopped practicing or changed their practice in the past year because of rising premiums.
Pennsylvania is not the only state dealing with this issue. New York, Ohio, Florida and four other states have physicians reporting rapidly increasing malpractice premiums, according to a Feb. 28 statement by Donald J. Palmisano M.D., J.D., secretary-treasurer at American Medical Association.
Reading about medical malpractice may make people leery of seeing doctors, but doctors say that shouldn't be the case.
All medical procedures have risks, and no matter how hard health-care professionals work, sometimes outcomes aren't what a person hopes for.
But those numbers are very small compared with the number of successful procedures.
Patients need to ask questions beforehand, to understand what a procedure is, why it's being done and its risks and benefits, doctors say.
Some people expect too much of medicine, said Dr. Sohael Raschid, an obstetrician-gynecologist in Chambersburg. He compared expectations in medicine to buying a car.
"You go out and buy a car, and the dealership is supposed to guarantee you'll never have an accident in that car? It's unrealistic," he said.
Dr. Timothy Walsh, a Chambersburg cardiologist, believes people should have high expectations of health care because of the amount of technology available. But patients aren't always well-informed.
"We're pressed for time and we don't take enough time to educate some patients," Walsh said. "Sometimes bad outcomes occur just because of the way a patient's health is."
People sometimes see those bad outcomes as a medical mistake, he said.
Jackie Schweigart, Shippensburg, says she trusts what a doctor tells her.
"If a doctors says, 'This is going to make you feel better,' you do it," Schweigart said.
That's not enough, said Norman Epstein, president and chief executive officer of Summit Health in Chambersburg, which operates Chambersburg and Waynesboro hospitals.
"The first thing anyone should do is be an informed consumer," Epstein said. "If you haven't heard enough, ask questions."
Emily Phelps can be reached at 262-4754 and ephelps@mail.pubop.com.
Enlarge
Changes her practice: Marianne Herr-Paul, left, treats Dusty Strait, Mercersburg, during an osteopathic manipulation therapy session in her Chambersburg office. Herr-Paul, who practiced as a family doctor delivering babies for more than eight years, said high premiums for medical malpractice insurance forced her to change her practice.
Cost of malpractice premiums soars
Home
News
Communities
Classifieds
cars.com
Jobs
Contact Us | Subscribe | Place an ad Copyright © 2002 Public Opinion. All Rights Reserved. Use of this site indicates your agreement to the Terms of Service (updated 08/10/2001)
Results from search: http://sites.state.pa.us/PA_Exec/Governor/SchweikerRadio_Addresses/020104.htm
Remarks by
Remarks by
GOVERNOR
MARK SCHWEIKER
January Radio Address - "Medical Malpractice"
Recorded: Friday, January 4, 2002 / Harrisburg, PA
Hello, this is Governor Mark Schweiker.
I'd like to wish all Pennsylvanians a very happy and healthy new year!
In fact, it's your health that I'd like to talk about today. Specifically, the rising cost of medical malpractice insurance, and how that could impact our ability to receive world-class healthcare that we've all come to expect here in Pennsylvania.
You've probably heard about the problem -the scary reports about hospital trauma centers closing their doors on January 1st because their neurosurgeons could not maintain malpractice coverage. Thankfully, those predictions didn't come true.
The truth of the matter is Pennsylvania is not alone in facing this challenge. It is a nationwide problem - one that did not happen overnight.
We are fortunate to live in a state where no doctor can practice medicine without malpractice insurance.
It makes good sense..
.
But the recent proliferation of high jury awards, a declining stock market and a struggling economy following the tragic events of September 11th have led to a dramatic increase in the cost of medical malpractice insurance.
It threatens to drive some doctors out of business. And, it could drive some doctors out of Pennsylvania.
We are all affected by this situation.
From expectant mothers.to the obstetricians who deliver their babies.
From trauma victims.to trauma center specialists, who often mean the difference between life and death.
This situation affects everyone.
And addressing it effectively is one of my top priorities for the coming year.
As I mentioned earlier, we received reports that some of our trauma centers were going to close on January first. That never happened.
And I'll admit to being a bit disappointed with a few of our hospitals who may have scared some of our citizens. We all know there's a problem, and arguably it's a crisis in affordability, but some of our health-care professionals went a bit overboard in making their case.
Now, one of the reasons trauma centers were able to remain open was the temporary measure we put in place just last week.
On December 28th, I directed emergency steps be taken to provide temporary relief until a permanent solution can be found.
I instructed the director of our catastrophic insurance fund to delay the collection of payments, easing some cash-flow problems for doctors.
I also asked Pennsylvania's insurance commissioner to require the Joint Underwriting Authority to delay the deadline for submission of the CAT fund surcharge until April 30th.
But, again, these are only temporary measures. And we must look at long-term solutions.
Because even though our trauma centers remained open and doctors are still practicing, this problem won't go away by itself.
Sooner or later we will have to find a thoughtful, meaningful and permanent solution.
Not only must we make sure quality health care is available and affordable - we must make sure the insurance that covers our physicians is available and affordable, too.
And that is exactly what we'll attempt to do in the weeks and months to come.
Our hospitals and trauma centers opened their doors on January 1st.
And when the doors open to the General Assembly on January 22nd, I have asked lawmakers to make this issue their top legislative priority.
Working together, I am confident we will achieve thoughtful, meaningful and comprehensive reform.
Reform that leads to a long-term solution.
And one that realistically addresses the issues of tort reform, the viability of our CAT fund, the ability of our doctors to practice effectively and, most importantly, the promise of patient safety.
We're all in this together. So we need to solve it together.
And I am confident that we will.
Thank you.
Please send technical comments and problems to webmaster@state.pa.us .
This page was last updated at 02:43:52 PM, on Friday, February 01, 2002.
If you would like your website removed from
our search result
posting, please click here.
Links
