Malpractice Asset Protection

 

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The Malpractice Problem

The following national article (see right page) illustrates the skyrocketing problem of malpractice claims for medical professionals, and their need for medical asset protection. Every state is experiencing the same problem as Texas. 

Don't be one of those devastated by malpractice lawsuit. Our medical asset protection GUARANTEES you can never be sued successfully for malpractice. You will not lose any assets whatsoever as the result of a malpractice claim.
 

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By Lynn Brezosky
Associated Press
BROWNSVILLE, Texas --


Life in the Rio Grande Valley is pleasant enough for Dr. Bradley Nordyke. The fast-growing population needs him, and he enjoys perks such as light traffic, proximity to Mexico and a quick drive to Gulf Coast Beaches.

The caveat is his fear of litigation.

"Being sued is part of practicing medicine. I have heard that same statement from lawyer friends of mine," Nordyke said. "One said, 'Don't take it personal, it's just part of business.' I'm sorry, but I DO take it personal. Plus, I have to worry about losing everything I've worked for."

Nordyke is one of about 600 private practice and hospital doctors who closed their offices for a day in April 2002 for a "day of awareness" about malpractice insurance fees and a litigious climate they say is driving rates up and driving doctors away.

"Up the coast in Nueces County, where 63% of doctors have had claims filed against them in the last 13 years, doctors showed similar support for the walkout, though emergency services at hospitals were not stopped.

"It's not something they want to do, but circumstances compel them to do it, " said Jon Opelt of Citizens Against Lawsuits Abuse, which is organizing the event. "They see this as a plea for survival for doctors and patients."

In Texas and across the nation, the insurance industry has been rocked by the stock market slide, 9-11 aftermath and lawsuit expenses.

In parts of the nation, doctors pay $200,000 or more for malpractice coverage. West Virginia's governor recently called lawmakers into special session to devise affordable insurance options to keep doctors from leaving the state.

Since 1999, seven of 17 malpractice insurance carriers serving Texas have either left or gone belly up, according to the Texas Department of Insurance.

"Over the last coupe of years we have been paying out more in claims then we have taken in, in premiums," said Julie Pulliam of the National Insurance Association. "Claim costs have gone through the roof. The primary reason is the cost of lawsuits."

Kim Ross, a lobbyist with the Texas Medical Association, attributed the surging premiums to several factors.

"Lawyers need to accept their responsibility for their failure to police themselves, and the insurance companies need to provide responsible pricing and underwriting accountability," Ross said.
Lawyers say doctors mistakenly believe that tort reforms limiting jury awards will lower their insurance premiums. They note that the New York-based Center for Justice & Democracy found that while insurance companies benefit by limitations on what juries can make them pay, the companies do NOT pass those savings on to customers.

"I really don't think it is a lawsuit problem, I think it's an insurance problem," McAllen attorney Albert Garcia said. "The public, if they're like me, doesn't like insurance companies and doesn't trust insurance companies. The companies know that and they have to blame someone and lawyers are easy targets."

Opelt of the lawsuit abuse organization blames lawyers for filing frivolous lawsuits, 86 percent of which result in no payment to the plaintiff (but expense to the doctor for defense of the lawsuit). But awards that are granted in the Valley "tend to be considerably larger than state average," he said.

There are several theories why south Texas juries are so generous.  The Valley is a geographically isolated region with large, young families and one of the poorest places in the nation. Large corporations are likely to be seen as distant big businesses with limitless wealth rather than mass employers.

According to the Texas Medical Liability Trust, Valley doctors are at least 10 percent more likely than doctors elsewhere in Texas to have a claim filed against them, and 20 percent more likely than doctors in most parts of the nation.

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