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If you live in Missouri, or see a physician in the state, the medical malpractice issues could become a major concern for you.
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Physicians rally and walk across State Line Road from Missouri to Kansas to draw attention to the medical malpractice crisis in Missouri. |
Medical malpractice insurance rates are doubling and in some cases tripling. It started a few years ago for a couple of major reasons. One is a January 2002 court decision. "The Scott decision changed the amount of money someone could be awarded in a malpractice case," explains Randy Culbertson, DO, Vice-President and Medical Director for Carondelet Health. "Before the decision, Missouri had a limit of $557,000 for pain and suffering, or punitive damages, in each case-no matter how many parties were involved. The Scott decision said the limit applied to each defendant. So now, there is virtually no cap."
Many insurance companies didn't have the reserves to cover multiple settlements, and left the state of Missouri. "It comes down to supply and demand," says Dr. Culbertson. "There are only a very few companies offering coverage, and physicians must carry it by state law. When physicians go with a new company because their former company has chosen to leave the state, they have to buy tail coverage for any malpractice cases that would have happened before they got the new coverage. Tail coverage amounts, which are one-time charges, are approximately twice as high as a one year premium on a new policy."
So how much do physicians pay for insurance? Specialists pay more than primary care physicians because they are considered a higher risk. "An obstetrician could see his or her cost go from $25,000 two years ago to as much as $200,000 this year. Premiums for a neurosurgeon are as much as $180,000 and rising," says Dr. Culbertson. "Some physicians are leaving the state because they just can't afford to stay in Missouri."
"Many physicians in Kansas City are choosing to practice only in Kansas," says Dr. Culbertson, "and while those patients right on the state line don't care if they see their doctor in Kansas or Missouri, access to healthcare throughout Missouri is being adversely affected, particularly in rural Missouri. Physicians in Kansas have the advantage of being able to access the Kansas Stabilization Fund for most of their malpractice requirements at a much cheaper rate than those who practice only in Missouri."
Last spring, lawmakers in Missouri passed a tort reform bill to limit punitive damages in malpractice lawsuits, but Governor Holden vetoed it. Physicians are trying to draw the attention of lawmakers again. Physicians from across the state rallied in Jefferson City last September. In October, physicians in Kansas City marched across State Line Road to symbolize what's happening to practices in our area.
"We can't afford to let this crisis continue," says Dr. Culbertson. "We need our patients to write their representatives and encourage them to a pass tort reform bill again. Physicians are not asking for people who have suffered malpractice not to be fairly compensated. We're not talking about economic damage, (medical bills, loss of income, and other lifetime expenses expected because of the negligent act), we need to limit punitive damages to what the state and physicians through their insurance premiums can afford and still insure that we have adequate physicians in all specialties to take care of the citizens of Missouri."
This issue is getting attention nationwide. Presently, 18 states have a $250,000 cap on punitive damages in medical malpractice cases and the federal government is considering legislation. "We also need new insurance companies to come to Missouri and increase competition," says Dr. Culbertson. "We need something to change really soon. We are facing a crisis in the state of Missouri."
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