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MEDICAL MALPRACTICE

MEDICAL MALPRACTICE. Anne Whittinghill Office of Risk Management. WHO WE ARE. Kathleen Gasser, Claims Manager Telephone (225) 342-8433 Susan Couvillion, Claims Supervisor Telephone (225) 342-8432 Anne Whittinghill,Claims Supervisor Telephone (225) 342-0868. Kate Albert Sylvia Clower

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MEDICAL MALPRACTICE

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  1. MEDICAL MALPRACTICE Anne Whittinghill Office of Risk Management

  2. WHO WE ARE • Kathleen Gasser, Claims Manager Telephone (225) 342-8433 • Susan Couvillion, Claims Supervisor Telephone (225) 342-8432 • Anne Whittinghill,Claims Supervisor Telephone (225) 342-0868

  3. Kate Albert Sylvia Clower Pam Deslatte Sandy Pittman Jim Richard Richard Weaver Susan West Percy Williams (225) 219-0788 (225) 342-8440 (225) 219-0408 (225) 219-0411 (318) 487-5412 (225) 219-9832 (225) 219-0410 (225) 342-3666 Malpractice Adjusters

  4. WHAT DO WE COVER? • Medical Malpractice insurance coverage is extended to state health care professionals providing health care services on behalf of the State. • Includes medical, surgical, dental or nursing treatment of patients.

  5. Malpractice Statistics • Pending claims approximately 1328; last year’s pending was 1644 • Amounts paid in last five years: • 2003 $25.0 million • 2004 $25.8 million • 2005 $22.6 million • Actual Settlement Amounts • Fiscal 03-04: $15, 216, 569 (82 cases) • Fiscal 04-05: $12,424, 813 (101 cases)

  6. Medical Malpractice Statute • The State of Louisiana provides Medical Malpractice coverage in accordance with the provisions of R.S. 40: 1299.39

  7. What is Malpractice? • The failure to exercise the reasonable standard of care specified and required in the provision of health care, when such failure proximately causes injury to a patient.

  8. Standard of Reasonable Care • The standard of reasonable care for licensed physicians and dentists shall be the same as that required to be proven with respect to them under R.S.9:2794… • Knowledge or skill or degree of care ordinarily exercised

  9. Breach of Standard of Care • Plaintiff must prove negligence • Injury alone does not raise a presumption of negligence • Plaintiff must prove proximate cause of each injury

  10. Who can file a claim? • The patient • Patient’s legal representative (attorney) • Legal guardian/parent on behalf of minor patient • Next of kin on behalf of deceased patient

  11. How to file a medical malpractice claim? • A request for a Medical Review Panel must be forwarded to: • Commissioner of Administration • Post Office Box 44336 • Baton Rouge, LA 70804-4436 • Filing fee $100 per named defendant

  12. Duty of the Commissioner • Confirm receipt of the filing within 30 days • Notify all named defendants • Notify claimant and defendants of date of filing, and receipt of filing fee or • receipt of affidavit of paupership

  13. Medical Review Panel • Composed of three medical providers of the same specialty as named defendant • Plus an attorney chairman selected by plaintiff and defense counsel. • The attorney chairman supervises the activities and deadlines for the panel

  14. Panel Decision • Evidence is submitted by plaintiff and defendants in writing. • Panel has the sole duty to express its expert opinion as to whether or not the evidence supports the conclusion that the defendant(s) acted or failed to act with the appropriate standards of care as charged in the complaint.

  15. No court action until a decision is reached by the Medical Review Panel.

  16. Filing a medical malpractice lawsuit • The filing of a panel request suspends the time in which a suit must be instituted. • This runs for 90 days after notice by certified mail of the panel decision.

  17. Questions?

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