If you ever find yourself envying the status and income of your medical
counterparts, seeing what they're going through with their malpractice
insurance should banish the feeling instantly.
Take the case of doctors at the University Medical Center Trauma Unit
in Las Vegas., featured in an ABC news report in March. They got hit so
hard last year with premium increases that two surgeons, who saw their
premiums go from $40,000 to $200,000, got out of the profession
altogether.
Others have been slapped with increases of anywhere from 30% to 100% or
more. That is, if they can even get insurance.
A USA Today article told of a six-member OB-GYN practice in
North Carolina where the premiums more than doubled, going to $277,000 a
year -- after their old policy was canceled.
So far, chiropractors haven't had to worry about five- to six-digit
premiums, but they have witnessed premiums shoot up substantially and may
be facing additional increases.
Insurers hurting
While doctors often aim their anger at their malpractice insurance
provider, most experts say the insurers are hurting as much, if not more
than the insurees.
The "medical malpractice crisis," as it's been dubbed by some
segments of the insurance industry, has become so severe that several
companies have collapsed or -- as preventive medicine -- left the
malpractice insurance market.
In December, 2001, St. Paul Companies, the second largest underwriter
of malpractice insurance, announced that it was exiting the medical
malpractice business. On February 1, 2002, the Commonwealth Court of
Pennsylvania ordered PHICO Insurance Company, which covered hundreds of
doctors and hospitals, into liquidation.
Other insurance companies are merging with, or being bought up by
larger companies as the industry goes through this shake down. Both
Princeton Insurance Co., and HUM for example, were acquired by Medical
Liability Mutual Insurance Co., a doctor- and hospital-owned medical
malpractice carrier.
"The message is that med-mal liability cannot be priced profitably
on a national basis," stated Alice Schroeder, an equity analyst with
Morgan Stanley, in an A.M. Best report on April 1.
That isn't a totally accurate message, some say.
"It's possible to set premiums at a level that will be affordable
to doctors, and create a stable financial situation for the insurance
company as well," argues Timothy Feuling, vice-president of
Chiropractic Benefit Services (CBS), which serves only doctors of
chiropractic in the U.S. "The problem is when programs offer
unrealistically low premiums or when doctors make price their only
criteria when choosing their carrier."
Mark Crane in a Medical Economics article agreed. "The
insurance companies themselves share culpability because they kept
premiums artificially low for years. They either miscalculated how much
money they'd need to pay future claims, or engaged in low-ball price
competition to win market share, or used investment income to offset
losses in the courtroom."
Bitten by the bear
When the Wall Street bull turned into a bear, those companies found
themselves having to rely on premiums for their income -- premiums which
had been set too low.
PHICO, for instance, had rates "that were probably lower than
anybody else in the state," said John Loudon, vice president at
Dulaney, Johnston & Priest, a commercial insurance brokerage in a Wichita
Business Journal article. That strategy led to its downfall.
Taking in too little money, however, is only one half of the insurance
crisis equation. The other half is paying out too much money for claims,
lawsuits and legal defense. The increase in awards for malpractice cases
has been staggering.
The Jury Verdict Research company of Horsham, Pa., provides the
figures. In 1993, the average malpractice award was $1.95 million. By
1999, that figure had soared to $3.49 million (the median award was
$800,000 in 1999, up from $750,000 the previous year). About 45% of all
jury awards in 1998-99 were $1 million or more, compared with 39% in
1997-98.
Even cases that never get to court are costly.
Jury Verdict Research statistics show that it cost 30% more to settle a
medical malpractice lawsuit in 1999 than it did in 1998. The median
settlement in 1999 was $650,000.
This one-two punch of reduced income and increased outlay has insurance
companies reeling and doctors scurrying to find coverage they can afford.
Where will it all end? No one knows for sure, although the crisis has
given impetus to tort reform legislation and increased emphasis on risk
management education. CBS, for instance, issues a free bi-weekly
electronic newsletter that discusses ways to prevent malpractice
lawsuits and minimize the chances for successful litigation.
"By teaching our insureds how to avoid lawsuits in the first
place, we not only spare them the emotional and financial trauma of going
to court, but are able to ensure our own financial stability,"
explains CBS' Feuling.
Helpful tips
Feuling offers other advice to help doctors weather the malpractice
crisis:
*** Don't bargain shop. Consider all factors, not just premiums.
In many cases, insurance companies try to maintain artificially low
premiums by offering less protection, more loopholes or gaps in the
coverage, and even imposing deductibles.
In addition, insurance companies may choose to settle a case rather
than fight it simply because it's less costly. To avoid this situation,
pick a policy with a "consent to settle" clause, which gives you
the power to make the decision whether to settle or not. One expert
(writing in Medical Economics) warned, "... stable premiums
are no bargain if rising legal costs mean you could end up with a weaker
defense or be pushed into a settlement you don't want."
*** Don't pay for M.D.s' mistakes. Most malpractice lawsuits,
particularly the ones with huge awards, are filed against medical doctors.
Yet, when the insurance company is forced to increase premiums, it passes
on the increase to all policy holders.
Doctors of chiropractic are hit just as hard as the medical doctors
covered by the same company. The best way to circumvent this problem is to
choose a malpractice program that covers chiropractors only.
"There is no reason D.C.s should subsidize medical doctors or other
practitioners," Feuling notes.
He adds that having a chiropractic-only company has another advantage
for D.C.s. -- a greater understanding of the role of chiropractic in
health care. Insurance carriers whose business is dominated by medical
doctors and hospitals tend to view chiropractic either as borderline
"quackery" or as a medical modality useful solely as a treatment
for neuromusculoskeletal complaints in adults. They find it cheaper to
settle cases against D.C.s than to stand up for chiropractors in court.
*** Bullet-proof your practice. Learn as much as possible about
sound risk-management techniques. Be scrupulous when it comes to record
keeping.
Read risk management articles such as the "CBS Malpractice
Report" (www.cbsmalpractice.com/report) to learn about terms of
acceptance, record keeping, sexual misconduct, and other topics
specifically geared to minimizing risk.
In addition, download a free copy of the "Malpractice Prevention
Program" (www.cbsmalpractice.com/prevention.htm) that includes risk
management advice and office procedure forms.
Sources:
"Crushing Cost of Insurance," by Dean Reynolds, ABC News,
March 5, 2002.
"Malpractice insurance rates climb by double-digits as lawsuits
rise," by Jerry Siebenmark, Wichita Business Journal, Sept.
28, 2001.
"Soaring Malpractice Premiums Stun Many Doctors," by Rita
Rubin, USA Today, December 4, 2001.
"Why premiums are soaring again" by Mark Crane, Medical
Economics, July 9, 2001.
"Quality of Defense," by Timothy Feuling, CBS Report, Nov.
28, 2001.
"Should you Settle?" by Timothy Feuling, CBS Report, July 25,
2001.
"Claims and Pricing Severity Maul Med-Mal Market," by A.M.
Best, April 1, 2002.
"Will your malpractice insurer stifle your defense?" by
Berkeley Rice, Medical Economics, Jan. 12, 1998.