Medical malpractice landscape improving for ob.gyns.
“We had to pay personally out of pocket to settle the case, so I was paying my premium plus I had to pay out of pocket,” she said. “It was really awful. Then you realize, ‘Wow, I can’t buy effective coverage. I can’t afford it. Why should I have any coverage?’ ”
Similar legal woes are felt by many East Coast physicians, including Dr. Henry M. Lerner, a Newton, Mass., ob.gyn. At least one doctor in his eight-physician practice is sued annually, and the group’s premiums regularly increase, he said. Ob.gyns. in the state paid between $95,000 and $110,000 in malpractice insurance premiums in 2015, according to MLM data.
“Of the eight in my group, I don’t know of any that have not been sued,” Dr. Lerner said. “They live in fear of the suits, especially my younger partners. I’ve had a couple just about quit after they’ve been sued. They don’t always do what they would want to do clinically because they think it would increase their liability exposure.”
Claims target deeper pockets
While state malpractice reform laws have contributed to better legal environments in some states, doctors and legal experts say legislation is far from the only reason for relaxed litigation climates. The high cost of preparing a medical malpractice case – $100,000 on average – has also influenced claims, said Mr. Greve, who coauthored the 2015 MLM survey.
“That has caused a lot of plaintiffs’ [attorneys] to be very careful in screening the type of cases they are willing to take to litigation,” he said.
Better technology and stronger clinical training are also potential factors for the improved legal landscape. Plaintiffs are also more apt to go after hospitals and health systems, rather than physicians, said Dr. John Thorp Jr. of the University of North Carolina at Chapel Hill.
“The biggest shift that I have seen is that ob.gyns. have lowered coverage limits coincidentally with the rise in demand to care for neuroinjured babies,” Dr. Thorp said. “This has shifted the focus of litigation from the ob.gyn. to the health system, which has more resources.”
Despite the more stable legal climate, when ob.gyns. do get sued, the financial impact is greater than that for other specialties – a pattern that has not changed. The average court award in an ob.gyn. case is higher than that of all specialties combined, according to the Doctors Co.
“We are not in crisis like we have been in the past, but there’s always the potential for one bad outcome – in the form of a multimillion [dollar] judgment – to clean individuals out of business,” said ACOG’s Dr. Anderson. “Some may choose to retire earlier wbecause of the stress and concern.”
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