Header graphic for print
Physician Law Current news, updates, & useful tips relating to legal issues affecting physicians & non-institutional providers in their personal & professional lives

Category Archives: Malpractice Insurance

Subscribe to Malpractice Insurance RSS Feed

New Study Suggests Defensive Medicine May Be Effective in Reducing Malpractice Liability

Posted in Billing & Reimbursement, Health Reform, Malpractice Insurance, Practice Management, Reimbursement

A new study in the BMJ suggests that the more services a physician provides to his or her patients, the less likely the physician is to be sued for malpractice.  The study examined the use of resources by attending physicians in several Florida acute care hospitals during a ten-year period from 2000-2009, in relation to… Continue Reading

Physicians May Be Sued in Pennsylvania for Failing to Report Suspected Child Abuse

Posted in Malpractice Insurance, Pennsylvania Legislation, Practice Management

As a follow up to our most recent post on What You Need to Know About PA’s Child Protective Services Law, you should know that the Pennsylvania Superior Court (PA’s primary appellate court) recently held that a physician may be sued for malpractice for failing to report suspected child abuse, even though there is not… Continue Reading

Malpractice Study Confirms that Threat of Lawsuits is Real but Payouts Aren’t So Common

Posted in Malpractice Insurance, Practice Management

The results of a comprehensive study published this week in the New England Journal of Medicine (NEJM) confirms that physicians’ fears of being sued for malpractice are not irrational. According to the article, “Malpractice Risk According to Physician Specialty”, most physician will be sued for malpractice at least once in their careers. Interestingly, however, only… Continue Reading

Some Good News for Pennsylvania Physicians – Malpractice Claims Way Down

Posted in Malpractice Insurance

According to a statement by Governor Edward G. Rendell as reported by the PR Newsire, malpractice reform in Pennsylvania has been a dramatic success.  Governor Rendell noted that malpractice filings statewide declined by 41% between 2002 and 2008. The Governor also noted that over the past three years, the two largest commercial medical malpractice insurers… Continue Reading

MCARE Abatement Program Still A Political Football

Posted in Malpractice Insurance, Pennsylvania Legislation

According to a recent article in the Patriot News, Governor Rendell has outlined the costs associated with his plan to provide health insurance for Pennsylvania’s uninsured population.  The plan calls for increases in taxes on tobacco products and would tap into the MCARE fund to cover the health insurance costs.  However, according to Rendell, the plan would result in enough money to… Continue Reading

Supreme Court Decides in Favor of Medtronic

Posted in Malpractice Insurance

Medtronic (and by default, all medical device manufacturers) scored a huge win on Wednesday when the U.S. Supreme Court held that medical device manufacturers cannot he held liable in tort actions for medical devices that have gone through FDA pre-market approval.  The case in question was brought by the estate of a man injured when… Continue Reading

Pennsylvania Governor Softens Position on MCare Subsidies

Posted in Malpractice Insurance, Pennsylvania Legislation

Much to the chagrin of practicing Pennsylvania physicians, the issue of MCare premium subsidies became a political football earlier this month when Governor Ed Rendell said he would not approve the 2008 MCare subsidy until Pennsylvania lawmakers acted on his proposal to expand the state insurance program to uninsured adults.  The proposal calls for using a… Continue Reading

Pennsylvania Dept. of Insurance Elects not to Raise Malpractice Insurance Requirements

Posted in Malpractice Insurance, Pennsylvania Legislation

You may recall from a July 2 posting on this blog that the Insurance Department was considering changing the required level of malpractice coverage Pennsylvania physicians must maintain (before MCARE coverage) from $500,000 to $750,000.  Pennsylvania doctors can breath a sigh of relief, at least for now.  According to a July 20, 2007 Press Release,… Continue Reading

Pennsylvania Physicians May Have to Pay More for Malpractice Insurance

Posted in Malpractice Insurance, Pennsylvania Legislation

If certain changes currently under consideration by the Pennsylvania Insurance Commissioner go into effect, Pennsylvania Physicians could end up paying a significantly larger malpractice insurance bill next year.  Specifically, the Insurance Department is considering changing the required level of coverage Pennsylvania physicians must maintain (before MCARE coverage) from $500,000 to $750,000.  According to a recent article… Continue Reading

Are You Being Gouged by Your Malpractice Insurer?

Posted in Malpractice Insurance

According to a report released on May 24, 2007 by the American Association for Justice (AAJ) and the Pennsylvania Trial Lawyers, the medical malpractice insurance industry has been price-gouging doctors through excessive premiums.  The study, based based on annual reports from the top 15 medical malpractice insurers as rated by A.M. Best, suggests that premiums continue to… Continue Reading

Pennsylvania 2007 MCARE Assessment Announced

Posted in Malpractice Insurance, Pennsylvania Legislation

The Pennsylvania Insurance Department published today the annual MCARE assessment to be levied for calendar year 2007.  The 2007 assessment will be 23% of the prevailing primary premium for each participating health care provider — 6% less than for calendar year 2006.  The MCARE statute defines ”prevailing primary premium” as the schedule of occurrence rates approved by… Continue Reading