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Health Care Tour: “Seeking Patient-Centered Care”
Health Law – Sandy Miller - Greenville
The Issue:
- Malpractice and the growth of over utilization of medical procedures to avoid lawsuit – defensive medicine.
Findings:
- The growth of malpractice lawsuits has resulted in direct costs of increasing malpractice premiums and indirect costs of defensive medicine – the over utilization of tests in avoiding malpractice lawsuits.
- Malpractice litigation is creating a hostile medical practice environment that is driving many physicians to join hospitals and be paid as employees. The SC tort reform law that caps awards on nonprofit hospitals makes this more attractive.
- 2005 SC Tort Reform Act requires a notice of intent to sue and an affidavit from an expert with a theory of the case to reduce frivolous filings. Experts must be qualified under federal rules for expert qualifications.
- Currently cases hinge on the definition of the Standard of Care – did the defendant provide reasonable care that a reasonable resident or physician would have provided.
- A cap on punitive damages for physicians is needed. Hospitals liability is capped at a total of $1.2 million for nonprofit hospitals. For-profit hospitals have no cap.
- Most hospitals have risk assessment committees to go over standards of care and best practices.
- Nursing homes face huge liability because of Medicare and Medicaid coverage under a totally state-regulated system.
- While malpractice lawsuits are driving utilization rates, so, too are self-referrals for tests at facilities where they have a financial interest. In some cases the testing facilities improve convenience and efficiency, in others it may encourage overuse.
- Medical equipment suppliers, such as C-PAP machines -- and some specialties, like sleep labs are particularly susceptible to overuse.
When: Monday, April 21, 2008
Where: Wombyle Carlisle Innovators at Law, 550 South Main Street, Suite 400, Greenville, SC 29601
Hosts: Sandra (Sandy) Louise Weikel Miller