Wednesday, October 06, 2004

 

Malpractice insurance, again

My company's newsletter just arrived. This is the third year in a row of double digit increases in malpractice premiums. Interesting points:
1. The increase is NOT due to "bad investments in stock market." This is a trial lawyer myth.
2. Frequency of claims has not changed much. Doctors are not getting "worse."
3. Severity is rising steeply, from $90K/closed suit in 2000 to $150K/closed suit in 2003. 50% of claims are dismissed, dropped, or abandoned, but still incur costs. Doctors win 90% of the cases that go to trial (so much for the "epidemic of malpractice.") Severity explains 1/3 of the premium increases.
4. Our illustrious Supreme Court tried to nibble away at our tort reforms. Fortunately our Legislature fixed it rather quickly, but there is a window of opportunity for the lawyers until the statute of limitations kicks in; this is another 1/3 of our increase. (Preston v. Dupont 2001 and Russell v. Pediatric Neurosurgery 2002.)
5. The cap on noneconomic damages rose to $300,000 during negotiations to restore limits. That is most of the rest of the premium increase.

Even in Colorado, with a favorable legislature and excellent history, the trial lawyers never rest. Vote Republican, vote Coors, vote Bush if you want to continue to practice quality medicine.

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