The Wall Street Journal ran a really good articles several months ago on the
> factual history behind the current malpractice premium issue. Gave a good
> run down on carrier's pricing practices over the last decade. I can't
> find my copy. Does anyone have one either online or that they can fax me.
> Thanks. I need this ASAP if possible.
There was a fairly detailed article in the June, 24, 2002, edition of the
WSJ. I'm faxing it to you now.
For those interested in the Web link:
From "Lawyers Weekly today:
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Legislative study recommends no malpractice lawsuit changes
By LAWRENCE MESSINA
Associated Press Writer
Published January 6, 2003
CHARLESTON, W.Va. -- After a year spent studying the high cost of medical
malpractice insurance in West Virginia, a legislative panel ended its
work Monday without recommending damage caps or other limits to
malpractice lawsuits.
"Any limitations placed on the judicial system will have no immediate
effect on the cost of liability insurance for health care providers," the
final report from the interim Select Committee on Insurance Availability
and Medical Malpractice Insurance said.
The report, approved unanimously by voice vote, also concluded that "the
possibility of injury or death from negligent conduct demands that
protection of the public is an important state interest."
"Adequate and reasonable compensation to injured individuals is
essential," the report said. "Any limitation placed on the system must be
balanced with the need to fairly compensate injured individuals."
The findings contrast the ongoing push by doctors, hospitals and insurers
for further limits to malpractice lawsuits and jury awards. About two
dozen surgeons in the Northern Panhandle have taken leaves of absence en
masse since New Year's Day to protest high premium costs.
The job action has forced four hospitals to transfer patients to
facilities in Morgantown, Pennsylvania and Ohio.
Since Friday, six patients have been transferred from WheelingHospital
and two patients from ReynoldsMemorialHospital in Glen Dale. Weirton
MedicalCenter has transferred four patients and Wheeling's OhioValley
MedicalCenter has transferred at least one patient.
A number of the protesting surgeons continue to see existing patients but
at hospitals in nearby Ohio. They say they won't take on new patients but
aren't denying anyone emergency care.
"You can't withhold medical care," said Dr. Gregory Saracco, one of the
protesters. "We would never want to do that. Anybody that urgently needs
surgical procedures is taken care of."
About 30 people have dialed a toll-free state hot line set up to reroute
care from the affected hospitals. Only a few actually needed help finding
surgical services, state officials said.
"A number of those were just people voicing concern one way or the
other," Insurance and Retirement Services Director Tom Susman said.
The protesters, including those who say they have never been sued, blame
malpractice lawsuits and jury awards for their high premiums. But the
legislative report's 13 findings place the blame elsewhere.
"The insurance industry has played a role in the continuing limitations
on accessible and affordable insurance coverage for the health care
providers in the state," the report said.
It also said that "the medical community has an absolute responsibility
to take all measures available to ensure that the health care services
provided are competent and in the best interests of the citizens of the
state."
A Wisconsin doctor urged the 25-member joint committee to endorse a
proposal from the West Virginia Care Coalition, an alliance of doctors,
hospitals, insurers and business groups. The draft legislation consists
of an array of damage caps and similar limits to malpractice claims.
"Failure to enact meaningful tort reform in West Virginia will be the
legislative equivalent of malpractice," said Dr. Richard Roberts, a
former president of the AmericanAcademy of Family Physicians.
Roberts said premiums in his home state cost a fraction of what they do
in West Virginia. He credited such lawsuit limits as a cap on
non-economic damages like pain and suffering.
"In point of fact, no one can ever be fully compensated for their pain
and suffering," Roberts told lawmakers. "We are in this together."
But a lawyer for people allegedly hurt by doctors said West Virginia
already has such limits, including a cap on non-economic damages.
Richard Lindsay, who is also a doctor, said the draft bill is more
stringent than limits in Wisconsin and most other states. The bill calls
for a $250,000 non-economic cap, for instance, while Wisconsin's is
$410,000 and grows with inflation.
The report now goes to House Speaker Bob Kiss, D-Raleigh, and Senate
President Earl Ray Tomblin, D-Logan. Gov. Bob Wise is expected to address
malpractice insurance and lawsuit limits Wednesday in his State of the
State address.
Copyright © 2003, Daily Press