Archive for the ‘Interesting Related Factoids’ Category

Medical Malpractice Insurance: Cracking the Premiums Code

Wednesday, October 27th, 2010

It’s certainly no secret that medical malpractice premiums have been on the rise for some time now, and for some doctors they have really shot up. In fact you may have already heard some of the horror stories of certain specialty practitioners who are paying upwards of $250,000 in premiums annually.

So then just what is it that the insurance companies are looking at to determine your costs, and are there things that you can do, or not do to effect them? Also what about brokers, or agents? Another common question, is will using an insurance broker, or agent result in higher, or lower premiums in your instance?

Also what’s the difference between occurrence and claims made medical malpractice insurance policies and then what about people like message therapists, and alternative medical practitioners? Do they too need to have medical liability coverage, and if so what are the cost factors that they need to consider?

No doubt about it, but that it is a complicated subject, and approaching it blindly or in a learn as you go fashion can cost you dearly. So while this report is by no means not the final word on the topic, none the less perhaps it can help you to sort out some of these basic above listed questions. So first about brokers, and agents.

Do Brokers and Agents Effect Premium Costs?

The simple answer to whether or not by using a broker or an agent the premiums on any giving policy are increased, or decreased is “no”. The cost of your policy stays the same whether, or not you go through a third party entity. So then why use one in the first place? That answer is simple. They give you quick access to more options, and are also able to lend their expertise on the topic.

So then what about message therapists, and any of the other the various so called alternative medicine or therapy practitioners? As a matter of fact medical malpractice insurance coverage is required for message therapy, but the good news is that it’s very cheap. About $200 per year for $1000,000 in coverage.

Do Alternative Medicine Practitioners Need Coverage?

As for the assortment of other genres of alternative therapies, liability coverage is not a requirement. However; for anyone involved in them, getting coverage is definitely the smart move, and it is available. In fact these types of specialty coverage plans are incredibly cheap.

Insurance carriers that offer alternative medicine liability policies even have base level $10,000 coverage plans that cost next to nothing, so it’s incredibly cheap insurance for protection against opportunists, and nut cases. Remember; all it takes is for someone to file a claim, and a practitioner is at the bare minimum stuck with legal costs.

As for what might be referred to as traditional medical practitioner or specialist and general medicine doctors coverage costs, not surprisingly much of depends on what branch of medicine they are in, yet quite surprisingly what state they’re practicing it in. Now of course there are other variables such as previous malpractice claims, but states, and medical specialties are the big considerations.

Who Pays the Most for Medical Malpractice Insurance and Why?

Now tops on the list for high medical malpractice insurance premiums is OB/GYNs and premium costs for this specialty can run anywhere from $40,000 to $250,000 per year, depending on any number of variables. Basically these numbers are so high though because child birthing tends to be a risky affair, and claims awards can be astronomical. Simple as that.

Now there are just so many different specialties and each one carries its own average risk factors that insurance carriers look to when determining fees. As a general rule however, the less intrusive they are, like general medicine, the lower the cost.

Coverage Costs State by State

Why so much difference in medical malpractice insurance costs in the different states though and by the way, the differences can be huge between a state like Minnesota which happens to be one of the lowest and, say a state like Florida that tops out as one of the most expensive states to obtain coverage in?

The reality, is that even in the various states, rates can and do very region to region, just like automotive collision insurance, and the reasons why they do really quite basic. People in some areas are just more inclined to sue in the hopes of a quick easy jackpot.

Coverage Cost Fluctuations by Region and City

For instance California sits somewhere in the middle in terms of overall medical malpractice insurance coverage costs. Just the same though,

venture into a city like Oakland, or certain sectors of Los Angeles and you’ll find them filled with entire extended families that have been living off the welfare system for generations.

Then head north to areas like Lake Tahoe, Carmel, or the Gold Country of Placer, and El Dorado Counties, and you run into people who will tell you that they “just aren’t the suing type”. Folks who view their doctor as a friend. People who work and own businesses and understand that in the real working world mistakes do happen.

You Don’t Need to be a Rocket Scientist to Figure it Out

That versus the inhabitants of crap-holes like Oakland, and the bottom trolling attorneys that you can see on the TV adds there. To them

even the slightest medical mistake is viewed as a potential ticket to a shiny new Cadillac. It’s the same thing in the low income areas of Florida and Louisiana.

Also do keep in mind that juries are made up of the local inhabitants of a given area and one needs to only refer back to the OJ Simpson murder trial to see the difference that alone can make. He was found not guilty by a jury made up of welfare cases in Los Angeles, yet found to be civilly liable by a second jury in the predominantly upper middle class city of Simi Valley.

Occurrence and Claims Made Policies

Finally there are a few crucial differences between occurrence, and claims made medical malpractice insurance policies. However; the main two are that under an occurrence policy which will tend to be more expensive, the carrier you were covered by when an alleged incident transpired, is the carrier that defends that claim.

A claims made policy will tend to carry cheaper premiums up front, but they tend to increase over time until your policy matures. The second notable difference of this type of policy, is that it covers you for claims made against you, even if the incident occurred prior to you being covered by the policy.

Gain a Better Understanding of Dental Malpractice

Tuesday, October 26th, 2010

Perhaps you may agree that society in general is somehow more tolerant of less than optimal results from dental procedures than, say standard surgery that goes wrong, and maybe this is why so many people are so unfamiliar with what dental malpractice is.

For instance who among us hasn’t heard the jokes or the deadpan skits on TV, like the one about the man who asks his dentist if his extensive bridgework is absolutely necessary, to which the dentist replies “yes it is because I just went out and bought a new Mercedes Benz for my wife”!

So why do we find it funny when there would be no humor in a joke about a surgeon performing, say an unnecessary coronary procedure solely for the sake of profit? Perhaps we find humor in it as a way of coping because who among us hasn’t questioned if some dental procedure they had done was absolutely necessary?

Fortunately attitudes are changing and one prime indicator is the fact that one recent nationally accredited study found that fully one out of seven malpractice cases filed in the U.S. directly involves dental malpractice. This in a country that is known for its high standards in dental care.

Even so, just as in medical malpractice, it was found that it’s a small minority of select practitioners who are responsible for an overwhelming percentage of the cases filed. So then what is it that qualifies as dental malpractice and how can you tell if you’ve been the victim of it? Perhaps the following list can be of some help.

  • Dental insurance fraud in the form of unnecessary procedures performed solely for the sake of money.
  • Misdiagnosis, or failure to detect a condition, oral disease, or malformation.
  • Injuries or death that were the caused by negligence, and this can include infections, loss of taste and nerve damage.
  • Lack of informed consent, and this includes performing procedures without patient consent as well as failure to notify a patient of the risks, and side effects of any given procedure.
  • Delayed diagnosis, or delay in notification or treatment of a condition.


Remember that when you pay for a dental exam, the dentist who performs it is obligated by ethical standards to inform you of everything that is detected. Failure to do so means that they either missed the problem which points to incompetence, or they neglected to inform you, both of which qualify as dental malpractice.

Also if a dentist performs an invasive procedure that carries the risk of complications, such as infection then goes on vacation, and a problem does arise, that too qualifies as dental malpractice. If a dentist detects oral cancer, or a precancerous lesion and fails to act on it, that also is dental malpractice.

These are all too common issues that dental patients face, but they simply lack the formal training in the area of dentistry to know for certain whether theirs is a case of malpractice. The person they really need to talk to is dental malpractice attorney who is trained in both dentistry and law.

Medical Malpractice Queens Strut their Stuff in SF

Monday, October 25th, 2010

What better place for it to happen than in San Francisco, and it was just a matter of time until it did. That is that a local support group calling itself Medical Malpractice Queens that’s made up of trans-gender surgery patients who have been disfigured during botched sex change operations held a rally, and parade at Golden Gate Park on a recent Saturday.

The Pictures Were Horrifying

The event was held to shine a spotlight on an area of medicine, and cosmetic surgery that most people are completely unaware of. Of course most folks are aware that people undergo sex change operations, and related facial reconstruction procedures, but for the most part it just never occurs to anyone that these types of operations can go horribly wrong.

The event organizers and participants made it abundantly clear that they do suffer at the hands of negligent doctors, and surgeons, and that they aren’t going to live on the fringes of society any more, like they have in the past. They also wanted the public to be aware of the extent of the malformations they’ve endured and that it can happen to anyone.

The stories were jaw dropping, but the photographs were even more shocking as one speaker after another took the podium to share the details of their personal nightmare, but the most heart wrenching of all the Medical Malpractice Queens personal testimonials was given by a person who went by the name of Star Sapphire.
Medical Malpractice Queens Own Star Sapphire
She went into surgery as a woman, had her vagina stitched shut, a brand new penis crafted from tissues taken from other areas of her body, and all was fine until an infection set in that caused her new penis to essentially rot off. Then as if that wasn’t enough for one person to have to endure, just one year later as a result of colon cancer, her anus was sewn shut, and she was fitted with a colostomy bag.

By the time she was through explaining that in fact by definition she is neither a man, nor a woman, and completely incapable of virtually any type of sex act there wasn’t a dry eye in the assembly area. Also her pictures that were posted on a screen that showed her groin area were just as shocking because there just wasn’t anything there.

One of the major issues that the Medical Malpractice Queens wanted to address and make more public, which they did quite well during the event, is the general overall lack of jury sympathy that they encounter when they take on the doctors in court. As one member put it, the attitude of most jurors is “you should have just left things like they were sister”. “Now take a look at ya”!

Medical Malpractice Lawyers: 5 Common Myths

Sunday, October 24th, 2010
  • Just what is fact?
  • And then what is fiction?


Now who hasn’t heard any of the jokes and clever quips that are based off many of the all too common beliefs about lawyers in general. Then when it comes to medical malpractice lawyers it gets even worse. “Ambulance chasers who will rush to file a suit even over something as minor a broken fingernail”.

Sure it’s all funny until you or a loved one is injured and then it’s time to put all jokes aside, and separate fact from fiction because the statistics on medical injuries are staggering. For instance did you know that one out of every 100 people who enter a hospital for treatment suffer some sort of medical malpractice injury?

Myth #1. They Will Take Any Case and Sue for Any Injury

The fact is that you must be injured to be eligible for compensation, and the severity of your injuries, and the extent that they have effected you determines the amount you receive. What this means is that if your injury is minor, you recovered from it quickly, and you lost little time at work, you have a small case, and they are common.

Of course you’re angry and are deserving of just compensation, but don’t be at all surprised if the real monetary figures you are shown by a medical malpractice lawyer are far less than you had imagined. Also don’t be upset if a lawyer declines your case, because they aren’t a public service and a lawyers reputation can be effected in the local judicial system by filing what are perceived as frivilous cases.

Keep in mind that there’s always small claims court, and before you scoff at the concept there’s a few things you should consider. For instance you don’t have to pay a malpractice lawyers commission, and your case is heard and done with in one day. Then again if your evidence is compelling then who ever it is you file against may simply pay you rather then take the time off for court.

Myth # 2. They’ll Sue Everyone Including the Nurse You Now Call a Friend

The fact is that lawsuits of this nature tend to be very complicated, and can involve more people than you realize. Only after a thorough investigation will a determination be made as to who will be filed against, and quite often the list ends up being larger than the injured party originally thought it would be.

In the end though nothing happens that you don’t approve of, and also there are a few things that you need to consider. For instance all parties targeted in your lawsuit are insured, so it’s the insurance companies that will be contesting your case. Also sometimes it takes filing against a periferal party to get them talking about what they know.

It can be emotionally difficult because the people you encounter in a hospital or clinic are there to help you in your time of need, so bonds happen rather quickly. Even so, there is a difference between a mistake, and negligence, and if someone was intentionally negligent, or has first hand knowledge of it while you were being treated, they should come forward if they’re any type of friend.

Myth #3 Medical Malpractice Lawyers All Settle Quickly

This tends to be one of the most confounding topics for someone who has little to no first hand knowledge of medical malpractice lawsuits. The problem for you, the injured party though is that your lawyer is not there to teach you all the he or she learned in law school, and in courtrooms. Rather they are there to get you relief.

Lawsuits regarding medical issues can drag out for years, and believe it or not there are some going on right now that were filed over a decade ago. Now your lawyer may propose right up front that you take an early settlement, or you may be advised to prepare for a trial then settle on the very morning that the trial is set to initiate. In the end it’s all your decision.

It’s a bazaar, complicated legal chess match that unfolds, and your medical malpractice lawyer will be making moves that you just won’t be aware of. You simply must understand that the goal is not only a maximum award, but a maximum award in a timely manner. Now many cases do make it to trial, but the problem with so many malpractice cases is that all to often the injured party simply can’t wait that long.

Myth #4 They Can Win Any Case As Long As there’s an Injury

You can’t lose track of the fact that in the end the case is all about you and that medical malpractice lawyers represent a client, not a case. What this means is that your behavior, and demeanor factors in heavily with regards to the final outcome if there even is one, and remember that it is a contest which that means one side wins, and the other side loses.

For instance what you may not realize, is that the lawyer who represents you will have to invest some money out of his or her own pocket as your case unfolds. It’s inevitable, and at the very minimum this can include expenses for items like copies of deposition transcripts and reports from experts. On the long end though, things like expert testimony easily run into thousands of dollars per day.

What all this is leading to is any qualified, and experienced lawyer will form an opinion as to how good an investment you look to be, and what they’re looking for is someone who is capable of a solid, long term commitment. You see, the last thing they need is a client who’s lost full use of an arm for instance, yet who is out gulping pain pills and hitting home runs every Sunday for their local softball team.

Myth #5 They Take the Lions Share of Your Final Award or Settlement.

All medical malpractice attorneys are paid on a percentage basis and each state has rules that govern what this percentage is. Now in some states it’s a flat percentage, but in other states like New York they use a sliding scale system. Now the way this sliding scale works, the more money they get you in a settlement, or award they get you the lower the percentage rate they receive.

Even so, there are minimum and maximum figures that govern these types of sliding scale systems, so for instance in New York the sliding scale doesn’t kick in and go lower than 30% unless the award is higher than $250,000, and then it goes to 25%. Then if the award or settlement reaches higher then $500,000, it drops to 20%, but your attorney will explain all of this to you most likely during your initial consultation.

Another thing to to take into account, is that your attorney will be paid back all of the money that he or she spent out of their own pocket prior to calculating their percentage, and in a difficult, drawn out medical malpractice case it can add up to a substantial amount. Particularly in cases that go to trial, and expert witnesses have to be brought in to testify.

Shocking Medical Malpractice Statistics: Exposed

Sunday, October 24th, 2010
  • How often is it happening?
  • What are the odds it can happen to you?


Medical malpractice really is a touchy subject and in fact it’s so sensitive that for decades the medical establishment has worked successfully to keep accurate numbers hidden from the public. However; thanks to the Internet, and a series of studies that have been conducted over the past few decades all the dirty laundry that for years has been kept tucked away, is hung out for all to see.

Of course people have been aware that for as long as there has been doctors and nurses there have been mistakes being made. Even so, the public in general, for better or worse has for the most part tried to assume the best and stay optimistic. They also tended to mistakenly assume that when a doctor was found to be consistently negligent that he or she would be pulled from the ranks in a timely fashion.

So brace yourself as you read on because the facts contained in this report not only run counter to many commonly held beliefs, they in fact run counter to common sense. Also while it may raise it’s of eyebrows, perhaps it will lead to a more informed public that in turn will be able to make more informed decisions. Decisions that will help folks just like you to not become another victim.

Medical Malpractice Through Misdiagnosis

Would you believe that one of the more recent nationally accredited research efforts determined that some 100,000 people die annually as the result of medical malpractice? That’s the same number of deaths that would result from four fully loaded jumbo jets crashing every week of the year with no survivors! At the same time that same research group determined that fully 30% of those deaths are from misdiagnosis. It’s an outrage!

Medication Errors are Huge

So if doctors are misdiagnosing patients at the rate that they are, it only stands to reason that medication errors factor in there somewhere, and they do. In fact medication errors are one of the largest common denominators in the malpractice equation, harming some 1.5 million people per year in the U.S. alone. That’s .25% of the entire U.S. population!

Sex Abuse By Medical Professionals

Sex is always a hot topic and one would like think that the last place and time you would be subject to sexual misconduct is in a clinical setting by a doctor you are paying to treat you. The real truth though, is that a survey done in the early 1980s had fully 10% of psychiatrists admitting that they had engaged in sexual conduct with emotionally, and psychologically vulnerable patients. Now keep in mind that’s only those who would admit to it. Then they had the gall to bill!

What are Your Odds of Being Injured or Killed?

So now you may be wondering what the chances are that you will be injured, or killed as a result of medical malpractice? Well thanks to that same study done in the 1980′s you don’t have to wonder any longer because on average one out of 100 patients (1%) being treated in a hospital is injured. Then out of that 1%, a full 25% of them will die and that equates to one out of every 400 patients being treated. Those are frightening odds!