Medical Society Pushes Tort Reform Legislation
by January 6, 2003 12:00 am 65 views
The Arkansas Medical Society is hoping the Arkansas Legislature will heed its warning cry on the need for tort reform.
Tort reform is the only way to limit increases in medical malpractice insurance premiums, the AMS says. The skyrocketing costs are causing healthcare providers to limit their services and reducing the number of insurance providers offering malpractice insurance.
The largest malpractice insurance carrier, St. Paul Companies, recently left the malpractice business. It had 55 percent of Arkansas’ market, according to information provided by the AMS. With fewer carriers providing coverage, premiums are up 100 percent and more, and some specialists are finding it nearly impossible to get coverage at all. Obstetrics, orthopedics, neurosurgery and general surgery specialists have been hit the hardest.
A recent insurance quote to cover the 13 physicians at the local FirstCare Family clinics was $22,500 higher to cover obstetrics in addition to their family practice. Those doctors will stop delivering babies after June. Dr. Sara McBee, a FirstCare Family physician and AMS member, said three clinic doctors were each delivering 75 to 100 babies a year and are “frustrated” that they will not be able to provide the cohesive care they provided their patients in the past.
“Unfortunately, because of our predicament, I’m hearing that obstetrical patients in the Fayetteville area are having to wait an extended period of time for their routine exams,” McBee said.
The proposed bill supported by the Medical Society includes the following provisions:
• A statutory requirement that juries must rely on the expert medical testimony in medical malpractice cases.
• Damages based on “actual” charges rather than “billed” charges.
• Modification of the joint-and-several law.
• Pretrial affidavit attesting to the merits of the case.
• Periodic payment of “future” damages.
• Limit on suits by out-of-state lawyers.
• Venue requirement for malpractice lawsuits.
• Capping attorney fees for medical injury cases.