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Pennsivania Hospitals Brace for Doctor Walkout
Spartanburg Herald-Journal ^ | January 01, 2003 | DAVID B. CARUSO

Posted on 01/01/2003 6:47:09 AM PST by Captain Shady

By DAVID B. CARUSO
Associated Press Writer Hospitals in eastern Pennsylvania braced for a potential New Year's Day walkout by scores of surgeons who say they can no longer afford to buy malpractice insurance policies.

But with Tuesday's midnight deadline looming, there were signs that Gov.-elect Ed Rendell might have averted a large-scale work stoppage with a proposed aid package that would reduce doctors' insurance payments by $220 million in 2003.

Several large surgical practices in northeast Pennsylvania backed off Tuesday from a threat to stop performing operations Wednesday if something wasn't done about their insurance costs.

Scranton's biggest hospital, Community Medical Center, notified state officials Tuesday that its neurosurgeons agreed to keep working, avoiding the closing of northeast Pennsylvania's only trauma center.

"It feels like a huge weight has been lifted off our shoulders," said hospital spokeswoman Jane Gaul.

It was unclear whether doctor shutdowns would be avoided altogether.

At least 21 hospitals in southeastern Pennsylvania expected to experience some service shortages on Wednesday, according to the Delaware Valley Healthcare Council, a lobbying group that represents hospitals.

Most of the doctors threatening to stop work were surgeons, but some doctors in specialties where lawsuits are more common, like obstetrics, had also said they might curtail their practices.

Gov. Mark Schweiker said he didn't expect a crisis, but warned that there might be "pockets" around the state where patients would have trouble finding specialists.

Weeks ago, hundreds of doctors had been poised to stop working on New Year's Day to protest high premiums.

The Pennsylvania Medical Society said that in early December, at least 1,100 doctors were still looking for affordable insurance for the new year. Hundreds have since bought policies, but the society predicted there would still be many who would stop practicing on Jan. 1.

Those who have agreed to keep working are banking that Rendell - a Democrat who doesn't take office for another three weeks - can persuade the Republican-controlled Legislature to accept his plan.

Debate over the proposal isn't likely until midwinter.

"Our hope is that Rendell will be true to his word, and put through the reforms he has proposed," said neurosurgeon Steven Barrer of Abington Memorial Hospital in suburban Philadelphia.

Pennsylvania law requires surgeons to buy $1 million in medical liability insurance, plus pay into a state fund that helps pay court judgments that exceed the limits on their private policies.

For some doctors, the combined premiums can cost as much as $150,000 a year. Other doctors unable to obtain private coverage because of their claims history have been forced to turn to a state insurance plan that can cost as much as $300,000 a year.

Rendell's proposal would slash doctor payments to the state medical liability fund, and instead have health insurance companies pay for the fund through a one-time "assessment." Insurers haven't said whether they will fight the plan.

Surgeons in some specialties could save $30,000 to $50,000 a year under Rendell's plan.

Meanwhile, West Virginia officials doubted they could prevent a similar walkout by two dozen surgeons from four hospitals in the state's northern Panhandle.

Insurance and Retirement Services Director Tom Susman said Tuesday that the doctors seemed reluctant to wait a week for legislative proposals being drafted to address the costs of malpractice insurance.

In the event of a walkout, the hospitals planned to divert patients to Ohio and Pennsylvania, or south to Morgantown, W.Va.


TOPICS: Business/Economy; Culture/Society; Front Page News; Government; News/Current Events; US: Pennsylvania; US: West Virginia
KEYWORDS: govrendell; medicalcare; pennsylvania
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The medical mess continues in Pennyslvania.I see David Caruso wrote this article,just as he wrote the one I submitted yesterday.A guy by the same name stares on "CSI:Miami".
1 posted on 01/01/2003 6:47:09 AM PST by Captain Shady
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To: Captain Shady
In an effort to make doctors into employees of the state, laws were passed requiring certain medical coverages.

The next step is to offer the doc's employment in government facilities; therefy making them immune from lawsuit inasmuch as government is immune from lawsuit.
2 posted on 01/01/2003 6:52:22 AM PST by xzins
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To: Captain Shady
Notice not one word in the article about the primary culprit or the easiest remedy. The trial lawyers are responsible for this mess, but Rendell doesn't have the spine to push tort reform.
3 posted on 01/01/2003 6:54:10 AM PST by Young Rhino
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To: Captain Shady
I thought I saw a crawl on one of the news nets last night that this had been called off?
4 posted on 01/01/2003 6:55:07 AM PST by mewzilla
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To: Young Rhino
The trial lawyers are responsible for this mess, but Rendell doesn't have the spine to push tort reform.
The trial lawyers, and I regret to say, the idiotic juries (particualry in Philadelphia) who award astronomical settlements to planitifs in medical cases.

Owl_Eagle

”Guns Before Butter.”

5 posted on 01/01/2003 7:01:50 AM PST by End Times Sentinel
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To: Owl_Eagle
You forgot about the greedy people who see an injury of any type as their meal ticket.
6 posted on 01/01/2003 7:20:00 AM PST by Lynne
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To: Captain Shady
This is happening both in WV and PA? Gonna be a long drive to get to a doctor.
7 posted on 01/01/2003 7:26:11 AM PST by gitmo
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To: gitmo
It already happened in Nevada.

There were economic bust-outs that hit California's healthcare system for over three billion dollars in drained funds (sucked out the system under Gray Davis' watch).

Physicians fled to Nevada in the late 1990's.

Then, Nevada had malpractice insurance rates skyrocket. You can read the President's comments on this matter at the White House website.
8 posted on 01/01/2003 7:35:36 AM PST by bonesmccoy
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To: gitmo
Isn't it interesting that PA residents don't have the opportunity to check to see whether a PA doctor has any malpractice cases against him as many other states have?
9 posted on 01/01/2003 7:45:48 AM PST by Bella
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To: bonesmccoy
I know here we have a problem with very high rates of malpractice claims and often by the non-paying patients who show up in an emergency room, get a doctor who was on-call, and they're the first to sue.

Maybe they should change the way malpractice insurance is done completely ---let a patient going to surgery take out insurance --like people can do before getting a flight so that they'd be covered in the event of accidents. The rates could be higher if they choose doctors or hospitals which have many valid claims against them.

Patients then could only claim if they purchased the insurance.
10 posted on 01/01/2003 7:49:01 AM PST by FITZ
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To: Captain Shady
Caution: Long but carefully thought out rant:

Besides Pennsyvania, West Virginia (#49) and Mississippi (#50) are the poorest, most corrupt, and most 3rd World of all 50 states, yet have many of the richest lawyers. Mississippi judges get huge "loans" and oceanfront condos from the crooked trial lawyers. The attorney industry (read democrat party) basically runs both states as their medieval fiefdoms. (see linked newspaper articles at www.Overlawyered.com )

The trauma care, emergency surgical, and obstetrical physicians in all 3 states (plus Clark County, Nevada---Las Vegas) are being driven out of business due to massive malpractice premiums they cannot afford. There is no meaningful trauma care in most of both states. The obstetricians in particular have been run out of town by the lawyer industry, becoming economic refugees to other states less benighted than the pathetic, corrupt West Virginia and Mississippi backwaters. Healthcare in WV and 'Ol Miss (already the worst of all 50 states) is detreriorating rapidly due to the multi-millionire greed of the shysters.

The dirty little secret of medical liability insurance is that only 30% of the premiums go to (allegedly) injured plaintiffs. The trial lawyers get their 30-40% of course. But the costs of the DEFENSE attorneys is equal to the payouts to the plaintiffs attorneys!!

God forbid the pathetic excuses for governors in Pennsylvania, WV, and Mississippi would enact authentic tort reform to lower the income of their lawyer buddies.

The democrats will enrich themselves (or at least their trial lawyer constituency), destroy the trauma and obstetrical system, and have the SHAMELESS gall to demand a federal takeover and universal health system to "correct" the non-functional, lawyer-ravaged system. I am absoluely convinced this will be lawyer-politician Hillary's agenda when the time comes.

I think that the trial lawyers are only too happy to be a part of the democrat effort to destroy the health care system, so that the democrats will then trot themselves out of the shadows to claim to be saviors!. I strongly believe that national health care will be the cornerstone to a Hillary Clinton campaign!!

One maddening thing (for the docs) about the med malpractice industry is that the suits and payouts generally bear no relationship to competence. Thus doctors who agree see the most high risk (sickest) patients are the most likely to be sued. Very sick patients are more likely to have adverse outcomes. Another example is the gold mine (for crooked lawyers) who make mega-bucks off of neurosurgeons (brain injury almost always has some residual brain damage, by definition) and obstetricans (congenital blameless birth defects equals lawyer yachts and French Riviera condos).

My recommendations for this problem and for the unregulated lawyer plague that damages all of our lives in so many ways? The world would be a better place with:

1) Loser Pays.

2) Massive tort reform on a unprecedented level

3) Widespread empowerment of paralegals for independent practice

4) An end to punitive damages.

5) An end to bogus class action suits.

6) Outlawing contingency fees.

7) Lawyers forbidden from running from office. They are agents of the judiciary.

8) Most important: a total disempowerment of the bar associations. Lawyer discipline by true consumer control. Like any other industry.

11 posted on 01/01/2003 7:51:20 AM PST by friendly
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To: Captain Shady
Correction: Pennsyvania is not a third world type state. West Virginia (#49) and Mississippi (#50) are the poorest, of all 50 states.
12 posted on 01/01/2003 7:53:19 AM PST by friendly
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To: Captain Shady
It's rather hard to have sympathy for the docs who can't get coverage because of their claim history. Wouldn't it be better to force them to disclose their claim history to patients and let the patients' decide whether or not to use these docs (quacks?)? The docs always have the economic choice not to carry insurance and they have the choice not to continue their practice. Likewise they have the choice to walk off the job.
13 posted on 01/01/2003 8:01:56 AM PST by Founding Father
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To: Owl_Eagle
The trial lawyers, and I regret to say, the idiotic juries (particualry in Philadelphia) who award astronomical settlements to planitifs in medical cases.

It seems that two states where a crisis has developed (West Virginia and Mississippi) are known for having idiotic juries. What those states need to realize is that Atlas, M.D. will shrug and move to another state if they keep kicking him in the shins.

14 posted on 01/01/2003 8:04:31 AM PST by Polybius
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To: Founding Father
Duluth, Mn. Doctor put 100 patients at risk of tuberculosis
15 posted on 01/01/2003 8:12:34 AM PST by Captain Shady
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To: Young Rhino
How about the insurance carriers whose announced policy is not to settle even legitimate claims, but to take them all to trial. This is obviously an attempt to intimidate injured persons not to file claims against their doctors, who being human beings do occasionally make errors. Then those same insurance companies express outrage at the cost of defending claims (which they inflated by their tactics) and their media persons and lobbyists go to work trashing the lawyers and pushing tort reform.

Like any other profession, the legal profession has its share of unethical idiots. However, mainly they are just folks trying to do what their clients want.

Sorry, for the rant. I was a judge until this morning when I returned to private practice. Now I am at liberty to use my full 1st amendment privilege and wanted to get this comment off my chest. That said most doctors sued are sued over little or nothing and are rightly irritated. The remedy is for judges to have the fortitude to sanction the offending lawyer, not to change the system. The insurance companies are simply trying to improve their profitability by decreasing their risk while increasing their premiums.

Happy New Year to all!
16 posted on 01/01/2003 8:16:37 AM PST by Lawdoc
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To: friendly
A fine rant indeed. Meanwhile:

proposed aid package that would reduce doctors' insurance payments by $220 million in 2003.

Thereby simply shifting costs from one pocket to another and avoiding any consideration of the cause of this mess.

17 posted on 01/01/2003 8:17:50 AM PST by RJCogburn
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To: FITZ
"--let a patient going to surgery take out insurance__"

That is such a rational idea, there is no way in hell the lawyer lobby will let it fly. Imagine--actually solving a severe societal problem without paying off legislators or unjustly enriching the legal trade!
18 posted on 01/01/2003 8:20:21 AM PST by hinckley buzzard
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To: FITZ
Patient insurance sounds like a good idea.

The burden of risk would properly be placed on the patient assenting to surgery.

Our current system places all risk on doctors, as if they are unerring gods, which is absolutely ridiculous.

19 posted on 01/01/2003 8:36:07 AM PST by angkor
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To: Lynne; Young Rhino
You seem to think that "doctors" can do no wrong. I would like to suggest that you read the following lawsuit filed by a former elementary school teacher against TLC and Dr. Mark Whitten. The woman underwent lasik and suffered permanent damage to her vision.

Here's the kicker. The doctor knew that she was a high risk patient, but went ahead and did the surgery anyway. To convert her from being a "high risk" patient to being a "low risk" patient, he simply changed her pupil measurements, and voila... she was now a candidate for the surgery.

Remember I said that she was a "former" school teacher? She is almost completely disabled at this time. And by the way, the lasik operation took place in Pennsylvania.

http://www.tlcsurgeons.com/lawsuits/whitten.pdf
20 posted on 01/01/2003 8:38:25 AM PST by Mini-14
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