Category Archives: Medical Malpractice

CORONAVIRUS WRAP-UP: PROPERTY AND CASUALTY (4/27/2020)

Accounting Rules
NAIC Working Group Approves Flexible COVID-19 Accounting Rules
Automobile Insurance
How the Coronavirus Could Change U.S. Personal Auto Insurance
Business Interruption
Travelers, Insured Law Firm Spar Over Civil Authority Business Income Loss Claim
States Seek to Force Insurance Companies to Pay Those With Business Interruption Policies
Covid-19 Business Interruption Existential Threat, Reinsurance Capital Availability Key: Willis Re
Credit Insurance
Governments should backstop trade credit
Litigation
The Race Is on to Lead Business Interruption Insurance Litigation
What Won’t Cure Corona: Lawsuits
6 Types Of Employment Lawsuits To Expect In The Wake Of COVID-19
Editorial: Stopping a Lawsuit Epidemic
Kudlow: Businesses shouldn’t be held liable for employees and customers getting coronavirus
Corporate America Seeks Legal Protection for When Coronavirus Lockedowns Lift
Profits & Losses
Coronavirus Costs Weigh on Travelers’ Profit
Coronavirus Will Be Largest Event in Insurance History, Says Chubb CEO
Coronavirus To Be Largest Industry Loss Ever: Chubb’s Greenberg & Lloyd’s Neal
Covid-19 P&C Insurance Industry Loss Estimated $40bn – $80bn: Dowling
Chubb Classifies Covid-19 as a Catastrophe Event
Covid-19 Claims Manageable, But Reinsurers Face Formidable Challenges: Willis Re
Specialty Lines
Companies Can Expect Higher D&O Rates, Lower Limits: Experts
Lack of Adequate Insurance Puts Healthcare Workers At Risk of Malpractice Lawsuits
Workers Compensation
States Easing Path to Workers Compensation Benefits for Coronavirus Workers
Changing Virus Guidance Creates Balancing Act For Essential Employers
Employers Pushing Back as States Expand Work Comp to Cover COVID-19
Workplace Safety For COVID-19 Essential Workers
From the Triple-I Blog:
TRIPLE-I CEO AMONG PANELISTS DISCUSSING BUSINESS INTERRUPTION INSURANCE LEGISLATION
INSURERS RESPOND TO COVID-19 (4/24/2020)
CORONAVIRUS WRAP-UP: LIFE AND HEALTH INSURANCE (4/22/2020)
CORONAVIRUS WRAP-UP: DATA AND VISUALIZATIONS (4/20/2020)

SOTU: Medical Malpractice Reform

In his State of the Union address last night President Obama mentioned a key issue for property/casualty insurers: medical malpractice reform.

I’m willing to look at other ideas to bring down [healthcare] costs, including one that Republicans suggested last year – medical malpractice reform to rein in frivolous lawsuits.†

President Obama’s comments follow landmark healthcare reform that failed to consider malpractice reform.

So what are we to make of this latest call?

Fortunately a number of commentators and bloggers have done the analysis. Here’s their take on the matter:

Over at Forbes Health Dollars blog, David Whelan says the President’s endorsement of malpractice reform warrants skepticism and offers some circumstantial evidence to support his view. His conclusion is that we shouldn’t get too excited just yet.

The Fact Checker at the Washington Post makes the point that President Obama favors certain ways of trying to lower costs related to malpractice, such as state incentives aimed at curbing lawsuits – rather than federal damage caps that Republicans favor.

Meanwhile, The Hill’s Healthwatch blog reports that senior Senate Democrats are highly skeptical of the President’s call for medical malpractice reform. Senator Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, is quoted saying he would only support such reform if it was part of broader legislation that included other fixes such as a controversial proposal to repeal insurers’ exemption from federal antitrust rules.

We should mention that numerous studies have shown that tort reforms, particularly caps on non-economic damages, are a key contributor to lowering health care costs.

Check out the I.I.I. backgrounder on medical malpractice.

Disclosure of Medical Errors a Positive for Liability Costs

Studies have shown that tort reforms, particularly caps on noneconomic damages, are a key contributor to lowering medical liability claims and costs and ultimately healthcare costs.

Better risk management by hospitals – such as prompt disclosure of medical errors — is also being shown to help reduce these costs.

The Annals of Internal Medicine reports that during  the period in which a program was implemented at the University of Michigan Health System (UMHS) to fully disclose medical errors to patients and offer compensation, there was a reduction in the number of new claims filed and a decline in lawsuits.

After the program was implemented, the average monthly rate of new claims decreased from 7.03 to 4.52 per 100,000 patient encounters.

The average monthly rate of lawsuits decreased from 2.13 to 0.75 per 100,000 patient encounters, while the median time from claim reporting to resolution declined from 1.36 to 0.95 years.

There are a couple of caveats to the study findings. As noted by the Wall Street Journal health blog, whether the costs and number of claims declined as a result of the program is not clear, since there was no control group.

In addition, malpractice claims in general were on the decline in Michigan in the latter part of the study period.

Still, the fact that total liability claims and liability costs did not increase during the implementation of the UMHS program is a positive.

Medical errors are extremely costly. A study recently completed by consultants with Milliman and commissioned by the Society of Actuaries (SOA) estimated that measurable medical errors cost the U.S. economy $19.5 billion in 2008.

Experts said the study findings highlight the need to reduce medical errors and improve quality and efficiency in American healthcare.

Check out I.I.I. information on medical malpractice.

Captive Commentary

Medical malpractice continues to be the dominant line of business for U.S. captives. The performance of this line therefore can have a significant impact on the overall captive insurance market. A new report by ratings agency A.M. Best notes that medical malpractice net premiums written fell 26 percent in 2007, leading to a 15 percent drop in net premiums written for a composite of 177 captive insurance companies. However, captives overall benefited from favorable underwriting trends. Solid underwriting results in medical malpractice helped the captive composite’s loss ratio to improve substantially in 2007 to 61.9, for example. Looking ahead, A.M. Best predicts that in spite of the soft market, the outlook for the captive industry is stable. Captive formations continue even as the commercial market softens and new domiciles have entered the market. A key advantage for captive insurers is also their ability to compete not just on price, but on customized services for their insureds. Check out I.I.I. updates on captives and  other risk  financing options and on medical malpractice.