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Press ReleaseFor Immediate ReleaseMay 13, 2005
VMS Declares Emergency in MONTPELIER, Vt. -- An average 19.7 percent rate increase granted to the largest medical malpractice insurance carrier serving Vermont indicates that there is an emergency in the state’s medical liability system, the Vermont Medical Society said today. Certain physician specialties will be hit harder than others by the Medical Mutual Insurance Company of Maine rate hike, effective July 1. Emergency medicine physicians will see their premiums jump by 70 percent; oncologists are facing a 45 percent increase; while radiologists, urologists, and family practitioners will see their rates go up by more than 30 percent. Internists, neurologists, and most surgeons will have their premiums increased by 22 percent to 27 percent. All these increases come on top of rates that have already risen by an average of 50 percent over the last three years, the VMS noted. Obstetricians have been particularly hard hit by premium hikes. The recently-approved Medical Mutual rate filing will increase their already high rates another 17.6 percent. “While medical malpractice insurance rates in Vermont have been increasing rapidly, so far we have not been classified as a medical liability crisis state. But with this latest rate hike, it looks like we are facing a real emergency,” said Dr. Harry Chen, an emergency medicine physician and a member of the Vermont General Assembly representing Mendon. The treatment for this emergency, Dr. Chen said, is reforming the state’s medical liability system. He has introduced a bill (H.329) that would enact several changes, including: shortening the time period in which minors may bring medical malpractice actions; setting qualification standards for physician expert witnesses in medical malpractice cases; limiting damages for pain and suffering in malpractice cases to $250,000; establishing a mandatory arbitration process; and allowing physicians to apologize to patients and family members without fear that the apology will be used against them in court. The VMS, which represents more than 1,500 physicians licensed in Vermont, strongly supports this legislation. Reforms are needed because high medical malpractice insurance costs are forcing physicians to reduce the services they offer to Vermonters. To lower their exposure to potential claims, some physicians are no longer performing higher-risk procedures, which their patients need. Other physicians are referring higher-risk patients to specialists or hospitals which may be long distances away. Skyrocketing medical malpractice costs also limit Vermonters’ access to physicians. Some doctors have chosen to retire early because they cannot afford to pay the higher medical malpractice insurance premiums. The cost of insurance, and the lack of limits on malpractice claims damages in Vermont, is also making it much harder to recruit new physicians to practice in the state. The medical liability insurance emergency in Vermont is also driving up health insurance premiums for everyone, because physicians are forced to practice “defensive medicine” to prevent medical malpractice claims from being filed against them. A recent VMS membership survey found that 75 percent of the physicians responding said they ordered more tests due to concerns about medical liability. A similar majority said they refer patients to specialists more often because of medical liability concerns. Greater use of tests and specialists are directly reflected in the higher monthly insurance premiums that Vermont residents and employers are paying. The Vermont General Assembly is hard at work on legislation to lower health care costs, Dr. Chen noted. “Medical liability is a major cost driver, so reforming the way medical malpractice cases are handled should be part of our health care reform effort,” he said. -30- For more information, contact: Steve Larose |
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