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The Cost of a Lawsuit
November,
2000
Some
of the basic elements of a lawsuit have remained constant in recent
history. Three of the most common
issues seen in a lawsuit are:
These
issues can be real or perceived by the patient and his/her attorney. Previous risk management tips have discussed
communication, systems break-down and medical record problems that are the
origin of a lawsuit. It is, therefore,
important for offices to support risk management principles that deal with
these issues. Risk management in an
office is best supported by senior management, i.e. physicians.
During
the last 20 years we have seen several trends involving lawsuits. In the early 1980's the majority of claims
and lawsuits involved surgical or procedural misadventures. In recent times, lawsuits have changed to
involve more of the non-procedurialist physicians, i.e. family practice,
internal medicine, pediatrics, etc.
These claims usually involve a delay in diagnosis or treatment, or
failing to diagnose and treat within the standard of care.
During
the last five years, there has been a national trend of increased
severity. The Physician Insurers
Association of America (PIAA) data reveals strong evidence of this increasing
severity. Between 1994-1999, the
average indemnity increased from $188,642 to $260,215 or an increase of
38%. The median indemnity increased by
61.9%, from $90,000 to $145,000.
Another
cost that must be considered is the emotional impact lawsuits have on the
involved physician. This also has an
impact on the physician's family. There
is no question this is a traumatic event that often creates a grief reaction.
Northwest
Physicians Mutual is committed to partner with you in your risk management
efforts. It is of utmost importance for
physicians to support their risk management efforts with the valuable resource
of time and money. By working together,
I am confident we can weather these difficult times and control medical-legal
costs.
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