2009 Office of Risk Management Annual Conference MEDICAL MALPRACTICE Anne Whittinghill Office of Risk Management

2009Office of Risk Management Annual Conference

MEDICAL MALPRACTICE

Anne WhittinghillAnne Whittinghill

Office of Risk ManagementOffice 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


Malpractice Adjusters April Williams

Sylvia Clower

Pam Deslatte

Sandy Pittman

Jim Richard

Mike Mackey

Nancy Daigle

Percy Williams

(225) 219-0788(225) 219-0788

(225) 342-8440(225) 342-8440

(225) 219-0408(225) 219-0408

(225) 219-0411(225) 219-0411

(318) 487-5412(318) 487-5412

(225) 219-9832(225) 219-9832

(225) 219-0410(225) 219-0410

(225) 342-3666(225) 342-3666


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.


Malpractice Statistics Open pending claims on 6/30/08 were 819; on

6/30/07 our pending was 902. On 6/30/06 our open and pending count was 1126.

Amounts paid in last three years: 2006 $14.66 million 2007 $13.8 million 2008 $16.6 million Actual Settlement Amounts Fiscal 05-06: $14,727,298 (103 cases) Fiscal 06-07: $13,882,270 (91 cases) Fiscal 07-08: $16,596,014 (76 cases)


Medical Malpractice Statute

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


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.


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.


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


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


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


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


Medical Review Panel

Composed of three medical providers of the same specialty as named defendant.

Panel chairman is an attorney selected by plaintiff and defense counsel.

The attorney chairman supervises the activities and sets deadlines for the panel.


Panel Decision

Evidence is presented by written submission by plaintiff and defense counsel.

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.


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

Panel.

If a suit is filed prior to the panel’s finding, then it is deemed premature and defense counsel will be instructed to file for dismissal.


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.


Questions?

Documents

2009 Office of Risk Management Annual Conference MEDICAL MALPRACTICE Anne Whittinghill Office of Risk Management