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West Virginia Medical Malpractice Summary
WEST VIRGINIA
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
An action for personal injury arising out of medical malpractice accrues on the date of injury and must be commenced within two years of either the date when the injury occurred or the date when the claimant discovered or reasonably should have discovered the injury. W. Va. Code § 55-7B-4 (1994). Nevertheless, no such action may be commenced more than ten years after the date of injury. Id .
A claimant under the age of ten must bring suit within two years of the date of the injury or prior to the claimant's twelfth birthday, whichever provides the longer period. Id .
Wrongful death actions must be brought within two years from the date of death. W. Va. Code § 55-7-6(d) (1994). This statute governs actions for medical malpractice resulting in death. Miller v. Romero , 186 W. Va. 523, 413 S.E.2d 178 (1991).
Contributory or Comparative Negligence
West Virginia has adopted the doctrine of modified comparative negligence. Bradley v. Appalachian Power Co. , 163 W. Va. 332, 256 S.E.2d 879 (1979). Under this doctrine, a claimant's action is barred if his negligence equals or exceeds the combined negligence of all the other parties to the occurrence. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence. Id .
Joint and Several Liability
West Virginia has passed an exception to the rule of joint and several liability applicable only to medical malpractice cases. If a defendant is found to have been responsible for less than 25 percent of all the joint defendants' negligence, then any judgment rendered in favor of the plaintiff can be executed against that particular defendant for only his pro rata share, determined by his percentage of negligence. A defendant whose negligence is greater than 25 percent of the total is jointly and severally liable for the entire judgment. W. Va. Code § 55-7B-9 (1994).
Contribution
W. Va. Code § 55-7B-9 (1994) allows for contribution between joint tortfeasors against whom a judgment was entered jointly. A joint tortfeasor may implead other joint tortfeasors from whom he wishes to obtain contribution. E.g., Haynes v. City of Nitro , 161 W. Va. 230, 240 S.E.2d 544 (1977). The jury's findings as to each party's percentage of negligence are binding on the co-defendants for purposes of determining their rights of contribution. W. Va. Code § 55-7B-9 (1994). In addition, "no right of contribution exists against any defendant who entered into a good faith settlement with the plaintiff prior to the jury's report of its findings to the court or the court's findings as to the total dollar amount awarded as to damages." Id .
Vicarious Liability
The West Virginia Supreme Court of Appeals has held in medical malpractice actions that a hospital may be vicariously liable for the malpractice of its non-employed physicians. The first case so holding, an emergency room case, focused on the claimant's having been forced to rely on the hospital's choice of physician to render services. Thomas v. Raleigh General Hospital , 178 W. Va. 138, 358 S.E.2d 222 (1987). Although the most recent decision claims to be based on the theory of ostensible agency, it does not appear to leave any room for a hospital to escape liability by giving clear notice the physicians are not its agents or employees. The court holds that "where a hospital makes emergency room treatment available to serve the public as an integral part of its facilities, the hospital is estopped to deny that the physicians and other medical personnel on duty providing treatment are its agents." Torrence v. Kusminsky , 185 W. Va. 734, 742, 408 S.E.2d 684, 692 (1991). There are suggestions in Torrence that the court's reasoning may apply to anesthesiologists, pathologists, and radiologists as well.
Expert Testimony
Ordinarily, if the applicable standard of care and the defendant's failure to meet that standard are at issue, competent expert testimony is required. To qualify, an expert must, inter alia , be engaged or qualified in the same or a substantially similar medical field as the defendant health care provider. W. Va. Code § 55-7B-7 (1994). While West Virginia courts generally follow this rule, they recognize exceptions in cases where common knowledge suffices or where plaintiff relies on the doctrine of res ipsa loquitur . See Neary v. Charleston Area Medical Center , 194 W. Va. 329, 460 S.E.2d 464).
Damage Caps
In West Virginia the jury is instructed that the maximum it may award against a health care provider for non-economic loss is $1,000,000. W. Va. Code § 55-7B-8 (1994). This statute has been held to be constitutional. Robinson v. Charleston Area Medical Center , 186 W. Va. 720, 414 S.E.2d 877 (1991). Non-economic loss is defined as including, but not limited to, pain, suffering, mental anguish, and grief. W. Va. Code § 55-7B-2(g) (1994).
Statutory Cap on Attorneys' Fees
There is no West Virginia statute which limits the fees an attorney may recover in a medical malpractice action.
Periodic Payments
The use of periodic payments in medical malpractice actions is not required.
Collateral Source Rule
West Virginia recognizes the collateral source rule in all personal injury actions. Ratlief v. Yokum , 167 W. Va. 779, 280 S.E.2d 584 (1981). Therefore, damages are not reduced by collateral benefits the claimant has received as compensation for injuries for which he has recovered.
Pre-Judgment Interest
Under W. Va. Code § 56-6-31 (1997), special damages, including lost wages and medical expenses, bear pre- judgment interest at a rate of ten percent. Pre-judgment interest is recoverable in personal injury actions with respect to any direct pecuniary loss that can be rendered certain by calculation. Ilosky v. Michelin Tire Corp. , 172 W. Va. 435, 307 S.E.2d 603 (1983).
Patient Compensation Funds and Physician Insurance
West Virginia does not have a patient compensation fund, and it does not require its licensed physicians to carry professional liability insurance.
Immunities
West Virginia's Governmental Tort Claims Act specifically excludes from its scope hospitals belonging to political subdivisions of the state, W. Va. Code § 29-12A-3(c) (1992), so the following rules may have little application to medical malpractice cases. Subject to the Acts provisions, the state has waived its immunity and that of its political subdivisions, a category that includes municipalities, counties, and towns. W. Va. Code § 29-12A-4 (1992). Such political subdivisions and the state are, however, immune from liability for punitive damages and for non-economic damages in excess of $500,000. W. Va. Code § 29-12A-7 (1992). Public employees are immune from suit. W. Va. Code § 29- 12A-5(b) (1992).
All actions against West Virginia and its political subdivisions must be brought within two years from the occurrence or from the date the claimant discovered or should have discovered the occurrence. W. Va. Code § 29-12A-6 (1992). Claimants under ten years of age may bring an action against the state or its political subdivisions within the above-noted period or by their twelfth birthday, whichever is later. Id . The procurement of liability insurance will not effect a waiver of the political subdivision's limited immunity. W. Va. Code § 29-12A-16(d) (1992).
Arbitration
West Virginia does not mandate the reference of medical malpractice actions to binding arbitration.
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Revision Date: February 6, 1998
Results from search: http://www.mcandl.com/virginia.html
Virginia Medical Malpractice Summary
VIRGINIA
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
All medical malpractice actions for personal injury must be brought within two years from the date the cause of action accrued. Va. Code Ann. § 8.01-243 (Michie 1992). In foreign object cases and cases of fraud or concealment, the statute is extended to one year from the date the object or injury is discovered or reasonably should have been discovered. Id . The discovery extension is subject to a ten-year limit from the time the cause of action accrued. Id .
Wrongful death actions must be brought within two years of death. Va. Code Ann. § 8.01-244 (Michie 1992). The tolling provision of the Virginia Medical Malpractice Act applies to the two-year limitations contained in the Virginia Wrongful Death Act. Wertz v. Grubbs , 245 Va. 67, 425 S.E.2d 500 (1993).
Minors' medical malpractice actions accruing after July 1, 1987, based on either personal injury or death, must be commenced within two years from the date of the last act of negligence, unless the child is under eight years of age, in which case the action must be brought by the child's tenth birthday unless the discovery provision applies. Va. Code Ann. § 8.01-243.1 (Michie 1992). If the claimant is incapacitated, the statute of limitations will be tolled, except where a guardian or committee is appointed to represent the individual, in which case a one-year limitation period will apply. Va. Code Ann. § 8.01-229 (Michie Supp. 1997).
Contributory or Comparative Negligence
Virginia applies the doctrine of contributory negligence, whereby the negligence of the claimant bars recovery. Va. Sup. Ct. Rule 3:16 (Michie Supp. 1997).
Joint and Several Liability
Virginia imposes joint and several liability on joint tortfeasors. Va. Code Ann. § 8.01-443 (Michie 1992). Thus, any joint tortfeasor against whom a judgment is entered is liable to the claimant for the entire judgment, regardless of the tortfeasor's share of fault.
Contribution
Joint tortfeasors generally have a right to contribution in Virginia. Va. Code Ann. § 8.01-34 (Michie 1992). A settling tortfeasor is discharged from all liability for contribution, but the settlement will not discharge any other tortfeasor from liability for the injury. Va. Code Ann. § 8.01-35.1 (Michie 1992). Also, a settling tortfeasor is not entitled to contribution. Id .
Vicarious Liability
Virginia has not imposed liability on hospitals for the negligence of their non-employed physicians.
Expert Testimony
Virginia requires that claims of medical malpractice be supported by the testimony of an expert witness, or one who is qualified to testify to the standard of care in that community. Va. Code Ann. § 8.01-581.20 (Michie 1992). Any physician who is licensed to practice in Virginia is presumed to be a qualified expert. Id . However, the physician must have had an active clinical practice in the field about which he will testify within one year of the date of the incident. Id .
Damage Caps
Virginia imposes a $1,000,000 damage cap on recoveries for bodily injury or death in medical malpractice cases. Va. Code Ann. § 8.01-581.15 (Michie 1992). The damage cap does not violate the U.S. or Virginia Constitutions. Etheridge v. Medical Center Hospitals , 237 Va. 87, 376 S.E.2d 525 (1989). A single cap applies to an injury, regardless of the number of theories or defendants. Fairfax Hospital System v. Nevitt , 249 Va. 591, 457 S.E.2d 10 (1995). Plaintiffs have found a loophole, however, for cases that arose prior to a 1994 amendment of the definition of the term "health care provider." Va. Code Ann. § 8.01-581.1 (Michie Supp. 1997). In Schwartz v. Brownlee , 253 Va. 159, 482 S.E.2d 827 (1997), the Virginia Supreme Court affirmed a judgment rendered jointly against a physician and his professional corporation, which leased his offices, handled billing, and paid him a salary. It then held that damage cap did not apply to the corporation.
Virginia limits punitive damages to $350,000. Va. Code Ann. § 8.01-38.1 (Michie 1992). This cap is also constitutional. Wackenhut Applied Technologies Center v. Sygnetron Protection Systems , 979 F.2d 980 (4th Cir. 1992).
Statutory Cap on Attorneys' Fees
Virginia does not place a cap on attorneys' fees in medical malpractice actions.
Periodic Payments
Periodic payments or structured settlements are allowed in Virginia; however, there is no statutory requirement for the periodic payment of personal injury claims. A settlement agreement on behalf of a disabled person involving periodic payments must be reviewed by the court and secured by a bond or insurance. Va. Code Ann. § 8.01-424 (Michie Supp. 1997).
Collateral Source Rule
Virginia courts apply the collateral source rule in tort cases, so a claimant's receipt of collateral payments does not reduce his recovery. See Schickling v. Aspinall , 235 Va. 472, 369 S.E.2d 172 (1988).
Pre-Judgment Interest
There is no statutory provision specifically allowing the assessment of pre-judgment interest, but a court may grant pre- judgment interest at its discretion. Marks v. Sanzo , 231 Va. 350, 345 S.E.2d 263 (1986). However, since the courts must base this interest on easily calculated losses, it is doubtful a court would grant pre-judgment interest in a personal injury action.
Patient Compensation Funds and Physician Insurance
Virginia does not have a general patient compensation fund covering all medical malpractice claims. However, in 1987, the Virginia legislature passed the Birth-Related Neurological Injury Compensation Act. Va. Code Ann. §§ 38.2-5000 to 38.2- 5021 (Michie 1994 & Supp. 1997). The act provides the exclusive right of recovery for infants suffering from birth-related neurological injury. Va. Code Ann. § 38.2-5002 (Michie 1994). The fund provides for lifetime medical expenses as well as one-half of the Virginia average weekly wage after the child reaches age eighteen. Va. Code Ann. § 38.2-5009 (Michie 1994). To qualify for assistance, the claimant's physician and the hospital wherein the infant was delivered must participate in the program by paying an assessment. Va. Code Ann. § 38.2-5001 (Michie 1994). In addition, the infant must be permanently disabled ( i.e. , non-ambulatory, aphasic, incontinent, and requiring constant attendant care). Id .
Immunities
For actions accruing after July 1, 1982, Virginia has waived its immunity and is liable for all claims of damage from personal injury or death. Va. Code Ann. § 8.01-195.3 (Michie Supp. 1997). However, the statute limits Virginia's liability for claims accruing prior to July 1, 1988, to $25,000 or the maximum limits of any liability insurance purchased by the state, and $75,000 for causes of action accruing after July 1, 1988. Id . Also, no judgment against the state may include pre-judgment interest or punitive damages. Id . The general statute waiving immunity for the state of Virginia is not applicable to counties, cities, or towns. However, a claimant can bring an action against a city, county, or municipality if notice is given to the local entity within six months of the date of injury. Va. Code Ann. § 8.01-222 (Michie 1992). Notice requirements which had applied to actions against the state are no longer in effect. A governmental entity's purchase of insurance will not waive its sovereign immunity. Mann v. County Board of Arlington County , 199 Va. 169, 98 S.E.2d 515 (1957).
Virginia has eliminated the charitable immunity doctrine except in cases where a hospital renders exclusively charitable medical services, or where the claimant was accepted as a patient by the institution under an express written agreement providing that all medical services would be supplied on a charitable basis. Va. Code Ann. § 8.01-38 (Michie 1992). Also, a hospital which is considered a charitable institution under the Internal Revenue Code and which carries $500,000 in liability insurance is immune from liability for damages in excess of that limit. Id .
Arbitration
The Virginia Medical Malpractice Act established a system of medical malpractice review panels to assess the validity of medical malpractice claims. A claimant must file notice of the claim with the court. The Supreme Court of Virginia then appoints a panel to review the claim. Va. Code Ann. § 8.01-581.2 (Michie Supp. 1997).
After hearing the evidence, the panel determines whether the evidence supports the conclusion that the health care provider failed to comply with the relevant standard of care and whether that failure proximately caused the injury. Va. Code Ann. § 8.01-581.7 (Michie Supp. 1997). The findings of the panel are non-binding and the claimant has the option of filing a lawsuit after the panel has made its ruling. However, any opinion of the medical review panel is admissible as evidence in a subsequent action. Both parties have the right to call panel members, except the chairman, as witnesses. Va. Code Ann. § 8.01-581.8 (Michie Supp. 1997).
A new amendment to the act, effective January 1, 1998, lets the parties agree in advance of treatment to binding arbitration of any claim, so long as the patient has the option to withdraw from the agreement within 60 days after the termination of treatment. Va. Code Ann. § 8.01-581.12 (Michie Supp. 1997).
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Revision Date: February 6, 1998
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Doctors inWest Virginia say a "medical malpractice crisis" threatens the state's doctors. Rising insurance rates are driving them to retire early, limit their practices and even leave the state, they contend.
Doctors insurers blame the "frequency and severity" of mostly "meritless" lawsuits filed against doctors in the Mountain State. Lawyers say patients deserve compensation when negligent doctors harm them. Who really pays the high price of medical malpractice?
This three-day investigative series digs beneath the rhetoric to examine the malpractice climate in West Virginia. Are doctors fleeing the state? Why have insurance rates increased? Are lawsuits to blame?
Sunday, Feb 25, 2001
Malpractice claims have decreased
Study's findings run counter to Medical Association allegations
The Capitol swam with white as doctors in lab coats thronged the Rotunda Tuesday, a climax of a lengthy campaign protesting rising medical malpractice insurance rates. -- Lawrence Messina
Number of doctors in W.Va. has increased
The number of doctors in West Virginia has increased yearly, contrary to reports by the state Medical Association that doctors are fleeing the state in reaction to medical malpractice costs. -- Martha Leonard
About this series. . .
Monday, Feb 26, 2001
Insurance rates up dramatically
Reasons for malpractice-coverage hikes unclear
West Virginia doctors who say they pay too much for medical malpractice coverage should count their blessings - they could be living in Detroit, Fort Lauderdale or El Paso, where obstetricians pay well over $100,000 a year for insurance. -- Martha Leonard
Medical Assoc., insurance firm make secret deal
Medical Assurance has paid $690,000 for lobbying efforts
There are a number of reasons why the West Virginia Medical Association has teamed up with an insurance company, Medical Assurance, to allege that meritless malpractice claims are driving up insurance rates for doctors. -- Lawrence Messina
Tuesday, Feb 26, 2001
Lawyers bash suit screening program
Call it a 'nightmare'; medical groups say it zaps meritless claims
Lobbyists for the West Virginia Medical Association want legislators to consider a system Maine uses to screen all malpractice lawsuits. -- Lawrence Messina
Claims allege host of doctor errors
The thousands of malpractice cases reported to the state Board of Medicine since 1993 allege a host of medical errors and negligence by doctors. -- Lawrence Messina
© Copyright 2002 The Charleston Gazette
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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
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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.
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HRMS (05)
1500 E. Woodrow Wilson Drive
Jackson, MS 39216
Full vacancy announcement follows. Please be sure to review
for complete qualification and "How to Apply" information.
Vacancy Announcement
DEPARTMENT OF VETERANS AFFAIRS (VA)
VA, VETERANS HEALTH ADMINISTRATION
Vacancy Announcement Number: 02-025
Opening Date:
03/01/2002
Closing Date:
12/31/2002
Position: PHYSICIAN
(DERMATOLOGY)
VM-0602-00/00
Salary:
$00,000
- $00,000 per year
Promotion Potential: VM-00
Duty Location: 1 vacancy at Jackson, MS
AREA OF CONSIDERATION: U.S. citizens (noncitizens may be appointed when no
qualified citizens are available).
ANNOUNCEMENT NUMBER: 02-025
OPENING DATE AND CLOSING DATES: Position will be opened until filled.
POSITION TITLE: Physician (Dermatology)
TYPE OF APPOINTMENT: Excepted
SALARY RANGE: Commensurate with qualifications
NUMBER OF POSITIONS: One (1)
DUTY LOCATION: Medical Service
G. V. (Sonny) Montgomery VA Medical Center
Jackson, MS
DESCRIPTION OF DUTIES: The G. V. (Sonny) Montgomery VA Medical Center is
seeking a full time board certified/board eligible dermatologist to join our
medical staff. Candidates must have credentials to receive a faculty
appointment at the University of Mississippi School of Medicine, and have
sufficient administrative, clinical, and academic experience in order to teach
medical students and residents. Medical Service supports acute inpatient
care, subacute inpatient rehabilitative care, ambulatory care and
consultations.
This is a 163 bed medical center with a 120-bed nursing home care unit,
outpatient clinics, and a research and education facility. In addition to
excellent benefits, we offer paid malpractice insurance, vacation/sick leave,
health/life insurance coverage, and a retirement package including a tax
deferred savings plan.
QUALIFICATIONS:
Licensure and Registration: Must have current, full and unrestricted license
to practice medicine.
English Language Proficiency: Physicians appointed to direct patient-care
positions must be proficient in spoken and written English as required by 38
U.S.C. 7402(d) and 7405(f).
Drug Testing and Physical: All applicants tentatively selected for VA
employment in a testing designated position are subject to urinalysis to
screen for illegal drug use prior to appointment. Applicants who refuse to be
tested will be denied employment with VA. A preemployment physical
examination shall be made to determine the physical and mental fitness of
candidates for appointment in the VA. Physical examination must be
satisfactorily completed.
Announcement Number: 02-025
Physician (Dermatology)
Page 2.
Must be board certified or board eligible (if recent graduate with less than 4
years of clinical practice) dermatology.
HOW TO APPLY: Interested applicants should submit a current Curriculum Vitae
(CV) and/or application for physicians (VAF10-2850); copy of most recent
Notification of Personnel Action (SF-50B), and most recent proficiency (if
applicable); three (3) references; documentation of board certification (if
applicable); and a copy of an active, current, full, and unrestricted license.
Contacts: Kent Kirchner, M.D., Chief of Staff at 364-1207 or Felicia
Gallaspy, Human Resources Specialist at (601) 364-1575.
PLEASE SUBMIT YOUR APPLICATION PACKAGE TO: G. V. (Sonny) Montgomery VA
Medical Center, Chief of Staff (11), 1500 E. Woodrow Wilson Drive, Jackson, MS
39216-5199; fax: 601-364-1456; or e-mail: Kent Kirchner@med.va.gov. .
LOCATION SUMMARY: Jackson is the "Crossroads" of the South; has a mild
climate, reasonable cost of living; excellent public and private school
systems; and offers a wide range of cultural and recreational opportunities.
REASONABLE ACCOMMODATIONS: This agency provides reasonable accommodations to
applicants with disabilities. If you need a reasonable accommodation for any
part of the application and hiring process, please notify the agency. The
decision on granting reasonable accommodation will be on a case-by-case basis.
THE FEDERAL GOVERNMENT IS AN EQUAL OPPORTUNITY EMPLOYER
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Results from search: http://www.usatoday.com/news/healthscience/health/healthcare/2002-04-09-malpractice.htm
USATODAY.com - Malpractice insurance soars, doctors feel hit
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Click here to get the Daily Briefing in your inbox
04/08/2002 - Updated 09:39 PM ET
Malpractice insurance soars, doctors feel hit
By Steve Friess, special for USA TODAY
LAS VEGAS - Seven years ago, vascular surgeon Eric
Chino removed the severely infected toe of a 65-year-old Michigan man who wintered
in southern Nevada. After the amputation, the toe was sent for a pathology report
that revealed cancer.
Chino says he never saw that report because an assistant
filed it without showing it to him. The man returned to Michigan before a follow-up
visit, where his cancer eventually killed him.
The family sued for medical malpractice. Chino, who had
been practicing since the 1980s without incident, instructed his insurance company
to settle even though he felt this was a clerical, not a clinical, mistake.
They paid $300,000, the only settlement in an otherwise
sterling career involving tens of thousands of patients.
Yet it is because of that claim that Chino, 48, stopped
practicing two months ago. His malpractice insurance rates remained reasonable
for years after the incident, he says, but then the St. Paul Companies pulled
out of the medical malpractice business nationally last year. When Chino went
shopping, no licensed insurer in Nevada would cover him, and quotes from unlicensed
insurers hit $230,000 for 2002. He paid $39,000 last year.
He's not alone. The Nevada State Medical Association predicts
250 doctors may face bankruptcy or will leave this year. That loss is particularly
acute for Nevada, already ranked 47th in the USA for its physician-to-population
ratio. But Nevada is just one example of a national struggle that is seeing
doctors flee medicine or their locales.
St. Paul ended coverage for 42,000 doctors nationwide,
citing nearly $1 billion in losses, attributed primarily to high jury awards
and settlements in malpractice lawsuits. Now those doctors are shopping for
other insurance, but other companies are refusing to write policies for obstetricians,
general surgeons and emergency room doctors in states with no or ineffective
limits to jury awards. As a result:
Hundreds of medical professionals gathered in Edinburg, Texas, Monday to
protest lawsuit abuse they blame for skyrocketing malpractice premiums. The
doctors, many of whom closed their offices Monday for the rally, are angry
about the region's litigious climate and record of large jury awards.
The maternity ward of tiny Bisbee, Ariz., has closed. Expecting mothers
must drive more than a half hour to the nearest town to deliver.
All neurosurgeons in Wheeling, W.Va., have stopped practicing, and 14 of
16 neurosurgeons practicing in Broward County, Fla., are uninsured, the American
Medical Association says.
The trauma center at Abington Memorial Hospital in suburban Philadelphia
is teetering on the brink of closure because doctors have had trouble finding
affordable insurance.
"There are factors operating, particularly in Nevada, which
make it a prime example of the problems physicians, hospitals, malpractice insurers
and patients are facing nationwide," says Carol Golin, editor of the Medical
Liability Monitor , which surveys underwriters.
Physicians' groups and insurers point to the lack of tort
reform, meaning a cap on jury awards for pain and suffering in malpractice lawsuits.
In the past two years alone, Nevada juries have awarded more than $1.5 million
each in six different medical malpractice trials. The number of lawsuits also
is hitting record highs. Most are settled out of court for undisclosed sums.
The environment in Nevada has insurers scared of backing
anyone with a record or physicians in specialties that are frequent lawsuit
targets. One obstetrician, Cheryl Edwards, left 30 pregnant patients behind
and relocated last year to California, where a state law caps jury awards at
$250,000. Her insurance premium is $17,000 a year there; it would have been
$150,000 a year in Nevada, she says.
Another obstetrician, Guy Torres, said he'll probably stop
delivering babies this fall when his insurance policy runs out. He faces a premium
of more than $200,000, which is only slightly less than he'd make in a year
for delivering 15 babies a month.
Las Vegas physicians have received two short-term solutions
in recent weeks. The county commission voted to hire doctors who do shifts in
the emergency room of its medical center as part-time county employees until
the end of May rather than see the only trauma center for 10,000 square miles
cut back on its days and hours. As county employees, they can't be sued for
more than $50,000.
And recently, Gov. Kenny Guinn announced the state would
set up a state insurance association to cover doctors who cannot get insurance
from the licensed market. Yet while Guinn's measure will resolve the availability
of insurance, it won't solve the price problem. Rates are bound to skyrocket.
Indeed, many insist tort reform by the legislature, not
due to meet until next year, is the only solution. But neither Guinn nor legislative
leaders are publicly pushing for jury award caps.
Meanwhile, the Nevada Trial Lawyers Association is irate
at being scapegoated for the malpractice insurance crisis, laying the blame
instead on St. Paul for undercharging for years to snuff out competition.
"They created the problem, they exacerbated the problem
by writing policies for bad doctors, and then, when the consequences of their
actions became known, they leave the market and the physicians holding the bag,"
says Bill Bradley, a lawyer who insists there's no correlation between jury
awards and malpractice insurance rates. "To place the blame on the civil justice
system is not fair or accurate. This is not a war between lawyers and physicians."
Tell that to AMA President Richard Corlin, who warns that
his group is amassing a fund "of epic proportions" to go into political battle
against the well-funded trial-lawyer lobbies on local and national tort-reform
efforts.
St. Paul, for its part, disputes Bradley's contention,
pointing to its profits in Wisconsin, where some tort reforms exist. In Nevada,
St. Paul paid out $1.88 for every $1 premium it took in last year.
"Our experience from states where they have some limits
on damages is that their losses are lower and the rates don't have to go up
as high," spokeswoman Andrea Wood says. "Yes, we did have a large part of the
market, but if this was a profitable business to be in, there would be other
companies jumping in and taking over. Other companies have taken over for us
in other states."
Many in Nevada fear the long-term consequences of the crisis,
noting the exploding population needs doctors to come from other states because
the state's medical school produces just 50 physicians a year.
"Before, we'd say, 'Las Vegas is one of the most rapidly
growing areas in the country, the future looks good and if you want to start
and grow your practice, you can do that here,' " says John Ameriks, general
vascular surgeon and senior partner in practice with Chino. "Now doctors will
say, 'Look, I'm highly trained, I've got job offers all over the country, why
the hell should I come to Las Vegas?' "
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Results from search: http://www.oag.state.va.us/media%20center/Opinions/1999opns/may993.htm
5/99 - Emmett Hanger - medical malpractice hearings
CIVIL REMEDIES AND PROCEDURE: MEDICAL MALPRACTICE.
Ore tenus hearings of medical malpractice review panel
must be open to public and media, and are to be closed only during deliberation of panel
to reach decision.
The Honorable Emmett W. Hanger Jr.
Member, Senate of Virginia
May 10, 1999
You ask whether the ore tenus 1 hearings of
medical malpractice review panels are to be open to the public and media.
A newspaper constituency in your district advises you
that the news media and others were excluded from the courtroom where an ore tenus hearing
was held before a medical malpractice review panel. The constituency believes that a
medical malpractice review panel ore tenus hearing is similar to a civil proceeding, and,
therefore, public access may not be denied without some compelling interest. The
constituency has observed certain characteristics of an ore tenus hearing that are similar
to a civil proceeding, such as: (1) the panel hearing convenes in a courtroom and is
presided over by a circuit court judge; (2) the panel meets after the close of
discovery to hear evidence from witnesses and allow cross-examination; and (3) the
panel issues a written opinion. The constituency also believes that the composition of the
ore tenus panel hearing resembles that of a civil proceeding. For example, the panel is
composed of two impartial attorneys, two impartial health care providers, and a judge. In
addition, the panel's issuance of a written opinion as to malpractice, which later
may be admitted in a court action, reflects the apparent intent of the General Assembly to
have the panel act as an informed jury to reduce frivolous and dubious claims.
The medical malpractice review panels and methods for
reporting medical malpractice claims were implemented in response to a perceived medical
malpractice crisis in the mid-1970s. 2 Article 1, Chapter 21.1 of Title 8.01,
§§ 8.01-581.1 through 8.01-581.12:2, details the procedures for selecting a medical
malpractice review panel and arbitrating malpractice claims. Section 8.01-581.2(A) allows
a claimant or health care provider to request a panel to review a malpractice claim:
At any time within thirty days from the filing of the
responsive pleading in any action brought for malpractice against a health care provider,
the plaintiff or defendant may request a review by a medical malpractice review panel
established as provided in § 8.01-581.3. The request shall be forwarded by the clerk
of the circuit court to the Clerk of the Supreme Court of Virginia. Upon receipt of such
request, the Supreme Court shall select the panel members as provided in
§ 8.01-581.3:1. If a panel is requested, proceedings on the action based on the
alleged malpractice shall be stayed during the period of review by the medical review
panel, except that the judge may rule on any motions, demurrers, or pleas that can be
disposed of as a matter of law and, prior to the designation of the panel, shall rule on
any motions to transfer venue.
When a review panel is requested, the Supreme Court of
Virginia must designate two impartial attorneys and two impartial health care providers,
from a preapproved list, to comprise the panel, along with a circuit court judge who
presides over the panel. 3 Either the claimant or health care provider may
request a hearing on any claim referred to the panel. 4 Should a request for a
panel hearing be made, § 8.01-581.5 provides that "the medical review panel
shall conduct a hearing thereon in accordance with § 8.01-581.6." The use of
the word "shall" in a statute indicates that the General Assembly intended its
terms to be mandatory. 5 It is well-settled that when a statute creates a
specific grant of authority, the authority exists only to the extent specifically granted
in the statute. 6
Pursuant to the requirements of § 8.01-581.11, the
Chief Justice of the Supreme Court of Virginia has promulgated rules "to carry out
the provisions of [Chapter 21.1]." 7 The rules govern the practice and
procedures of malpractice review panels. Rule 5 of the Medical Malpractice Rules of
Practice provides that "[e]ither party may request the panel to conduct an ore tenus
hearing and, when such a hearing is requested, it shall be held." Rule 6 sets forth
the procedural rules applicable to the conduct of the hearings. Pursuant to Rule 6(h),
"[w]itnesses other than the parties or one representative of each may be excluded at
the discretion of the judge." Rule 6(j) lists the general procedures to be followed
at an ore tenus hearing. These procedures allow lawyers representing the parties to make
opening statements, produce evidence, examine and cross-examine witnesses, and present
oral argument. 8 Rule 6(j)(13) specifically requires that, "[a]t the
conclusion of the hearing, the panel will deliberate in executive session" in order
to reach a decision. 9
It is apparent that the ore tenus hearings of the panel
under the procedures contained in the Medical Malpractice Rules of Practice are to be open
to the public and media, and are to be closed only during such time as the panel
deliberates to reach a decision in the matter. 10 If the ore tenus panel
hearings were closed to the public and media, there would be no need to have a rule
requiring that the panel convene in executive session to reach a decision. I am,
therefore, of the opinion that the ore tenus hearings of medical malpractice review panels
must be open to the public and media.
1 "Ore tenus" means "[b]y word
of mouth; orally." Black's Law Dictionary 1099 (6 th ed. 1990).
2 See 1976 Va. Acts ch. 611, at
784; see also DiAntonio v. Northampton-Accomack Memorial, 628 F.2d 287 (4 th Cir.
1980). In the DiAntonio case, the Fourth Circuit noted the following with respect to the
legislative intent of the Virginia Medical Malpractice Act: "There was a legislative
finding that the high cost of medical malpractice insurance was beyond the means of some
health care providers and that they were ceasing to render services. It was thought that
passage of the Act would lower the cost of medical malpractice insurance, since the panel
would weed out frivolous claims and would perform a mediation function with respect to
other claims. In consequence of the panel's performance of these functions, it was
believed that the amount of medical malpractice litigation would be substantially reduced,
thus substantially lowering the cost of medical malpractice insurance." 628 F.2d
at 290.
3 Section 8.01-581.3 stipulates that the
medical review panel be selected "from a list of health care providers submitted by
the Board of Medicine and a list of attorneys submitted by the Virginia State Bar."
4 Section 8.01-581.5.
5 See Op. Va. Att'y Gen.: 1997 at
1, 2; 1986-1987 at 300, 300, and opinions cited therein.
6 2A Norman J. Singer, Sutherland
Statutory Construction § 47.23 (5 th ed. 1992 & Supp. 1998); 1996
Op. Va. Att'y Gen. 61, 62.
7 See Va. Rules Ann. Medical
Malpractice Rules of Practice 1-7, at 389-95 (Michie 1999).
8 See id . R. 6(j)(4)-(12), at 394.
9 Id . R. 6(j)(13), at 394.
10 I note that it is an elementary rule of
statutory interpretation that the construction given to statutes by public officials
charged with their administration is entitled to great weight and, in doubtful cases, will
be regarded as decisive. See Bed Company v. Corporation Commission,
205 Va. 272, 136 S.E.2d 900 (1964).
Results from search: http://www.kentucky-lawyer.com/practice.htm
Kentucky Lawyer Michael Stevens - Attorney at Law, Louisville, Kentucky
Michael
L. Stevens
4055 Shelbyville Road, Louisville, KY 40207
Tele: (502)896-2302
Fax: (502)896-2362
FREE
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Automobile
Accidents
An
automobile accident occurs approximately every
five seconds in the United States. Chances are
you have been involved or know someone who has
been involved in an accident. You may need a
lawyer to help you deal with the complexities
of insurance coverage. There are issues
involving no fault benefits, medical expenses,
lost wages, uninsured motorist claims and
underinsurance claims. Kentucky requires
automobile owners to carry minimum limits of
insurance protection. Even if the other
driver has no liability insurance or does not
have enough insurance to pay for your
injuries, you may be able to find coverage
under your own policy to protect you under
coverages providing for uninsured or
underinsured motorist benefits. Call me and
see how I can help you.
Premises
Liability or "Slip, Trip and Fall"
Slip,
trip and fall include incidents of all types,
including slips on food and foreign substances
in restaurants and supermarkets, trips over
badly aligned sidewalk edges and other
dangerous surfaces, and falls down stairs that
are in poor condition, inadequately lighted
and not built to code. Each case usually
involves unique aspects that must be shown to
resolve the case in your favor. Most
businesses and many homeowners carry liability
insurance to protect them in the event someone
is injured while on their property.
Medical
or Health Care Malpractice
Medical
malpractice occurs when you have been the
victim of medical negligence such as emergency
room errors; surgical errors; failure to
diagnose medical conditions including breast
and other cancers; the administering of
prescription drugs causing known reactions and
interactions; and other hospital, physician
and health care provider negligence.
Dog
Bites or Attacks
Nearly
2 in 100 people will be the victim of a dog
bite or attack this year. Kentucky has a
specific law to deal with this problem making
any owner or keeper of a dog who has injured
or damaged any person or property liable for all damages and
costs. Many homeowner's insurance
policies cover dog attacks and bites and provide medical
care for those who are hurt. Even if the
dog is owned by a neighbor or relative, there
may be insurance coverage available to
compensate you for your injuries.
Suits
or Claims Against the United States
If
you have been hurt by the negligence of a
government employee, you may be able to
recover against the United States Government
under the Federal Tort Claims Act. This
would include injuries in a car accident, VA
hospital, or military medical care.
However, federal law strictly controls how a
claim must be presented and failure to comply
could cause you to lose your claim. If
you were injured overseas, you may still be
able to recover for your injuries or those of
your child under the Military Claims
Act. You may be able to sue the United
States, Department of Veterans Affairs, Army,
or any other government agency for the
negligence of their employees acting within
the scope of their duties.
Military
and Veterans Law
If
you or your spouse or child is a soldier,
sailor, airman or veteran, then your legal
problem may involve military or veterans
issues that require the help of a lawyer who
has worn the uniform. A lawyer
experienced in military law can help protect your
interest in a retirement or pension in a divorce or
court-martial, recover an annuity denied
by the military, correct your military record,
upgrade your discharge, or secure your disability
pension at a Physical Evaluation Board (PEB)
or with the Veterans Administration (VA). As a former Army JAG lawyer, I
can help you in these and other areas.
Other
Areas of My Law Practice
My
law practice is not limited solely to
automobile accidents, personal injuries, and
military law. I also provide a
host of other legal services for my clients
and their families to enable them through
everyday problems. Call me and see how I
can help you.
Wills,
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of Attorney
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& divorce
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Tort Claims
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Against the United States Government
Insurance
Law
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Accidents
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Injuries
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and Fall Accidents
For
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Michael L. Stevens
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