Medical Malpractice Insurance Market Stable But Faces Challenges Ahead

October 5, 2009

  • October 5, 2009 at 9:11 am
    beanie says:
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    Yup, all’s well in med mal except for New York, where the legislature has made it illegal for the state insurance department to put an insolvent med mal company into liquidation. Reportedly, one decent-sized player is running around bankrupt and still writing business. And, the NAIC then gives the NY insurance department accreditation? What an embarassment for state regulation. Please save us from such lunacy, Barney Frank and Chris Dodd.

  • October 5, 2009 at 9:42 am
    Jeremy Engdahl-Johnson says:
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    Today’s medical professional liability system is too adversarial and too expensive. There are alternatives. More at

  • October 6, 2009 at 9:12 am
    Jim O'Hare VP med mal claims says:
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    My wish list for the good of all:

    – get rid of joint and several liability, as those with insurance pay for those that do not.

    – loser pays court costs. Why not? creates frugality, stimulates settlement.

    – expert affidavits prior to every suit, a great filter.

    – a frivelous suit statute.

    – Cap only pain and suffering, the amount can be debated. Neither side can argue what is too much or too little. It is a subjective concept with no objective ruler. There is no scale for pain. Money is a poor ruler.

    – how about one expert per defendant for each side to handle liability, causation and damages.

    – How about examining the definition of “peer”, look it up in any dictionary of your choice. docs dont get peers, you know, similiar rank and station in society. Arbitration fixes this as well.

    – How about structuring payouts, lets say everything over $250k.

    – How about all Docs need PL insurance to practice. Just like we all need car insurance to drive? This puts more money in the pool, bringing down premiums.

    – mandatory mediation at close of discovery, if arbitration cant be reasoned.

    – have a sliding scale of contingency fees. Maybe 30% up to 1.25 mil, 10% thereafter.

    – re examine vicarious liability, agency etc. Also set offs from settling defendants.
    just a start
    regards jim Physicians ins co Fl.

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