The Medical Malpractice Liability Crisis:

Polls show that the biggest concern for doctors is the rising cost of malpractice insurance and malpractice lawsuits.

Malpractice Statistics:

• Jury awards continue to rise regionally and nationally;

• Doctors have a one and four chance of being sued this year;

• Frivolous lawsuits are filed in record numbers and increase each year.

Lawsuits Brought Against Doctors Have Been Defined by Some as “Legalized Extortion”:

US tort law and the plaintiff’s attorney lobby have created a system and culture where lawsuits are too easily brought and rewards abuse by lawyers and clients who have a lottery mentality.

Having a High Amount of Malpractice Insurance Will Protect Me.

            Having a high amount of malpractice insurance makes suing you more lucrative to the attorney. So paradoxically, by purchasing more insurance, you make yourself more vulnerable to lawsuits.

How Does a Medical Malpractice Attorney Decide to Sue You?

            When you carry a large policy, lawyers typically do not want to take the time and trouble going to trial.  Instead, they would rather negotiate a settlement with the insurance company. Because defending a claim still incurs legal costs, the insurance companies have an incentive to settle thereby driving up the cost of insurance.

            In addition, Virginia Medical Board Determinations are Public Record and Assist an Attorney in Establishing a Case Against You.

What is the Outlook on Medical Malpractice Underwriting Review and Costs?

“Medical Malpractice Insurers cannot in the future count on investment gains to offset underwriting losses due to the increase of claims and payouts.”

Insurers must be even more “…disciplined” in terms of the amounts of “…coverage and pricing.”  Source: Insurance Information Institute, 2008

Medical Malpractice Tort Costs Continue to Increase!

“Over the period from 1990 through 2006, medical malpractice tort costs for insurance companies rose 229% more than double the 90% increase in tort costs generally over the same period.” Source: Insurance Information Institute, 2008

What about the Virginia Medical Malpractice Cap?

            The Virginia Malpractice Claim Cap of $2 million dollars is Under Direct Attack.

      “We’re looking closely at what we might do to change the cap,” said Jack L. Harris, executive director of the Virginia Trial Lawyers Association;

            “I just can’t imagine that, given increases in the general cost of living and the medical care CPI [consumer price index], anyone could anticipate the cap staying at the same Flat value that it’s at,” Harris said. Source: Lawyers Weekly 2009

Malpractice Insurance Does Not Cover Every Type of Lawsuit!

      Dr. Smith prescribed a drug, which was clearly labeled with a warning not to take it and drive. The patient ignored the warning and caused a serious accident. The lawyer for the injured plaintiff argued that the doctor should have known that the patient would drive. The jury awarded a multimillion dollar judgment that the doctor’s malpractice insurance did not cover because it was not a malpractice claim but a personal injury claim.

The facts are that Doctors can no longer depend on Medical Malpractice Insurance to cover them personally and must start self protecting themselves and their families. 

J.S. Burton can assist Doctors in protecting their personal assets from liability by using special asset protection strategies that will protect and preserve their personal assets. 

Please contact the law firm today to establish a free asset protection consultation.