Connecticut law requires that all licensed insurance companies report any medical professional liability claims or lawsuits to the state, as an effort to keep track of where medical malpractice occurs, the rates of medical malpractice, and to determine if they are disproportionately reported in one hospital or treatment center.

There are three possible payouts in a medical malpractice case:

1. Indemnity – the amount of settlement dollars paid by the insurance company;
2. Defense counsel payments; and
3. Adjusting and other expenses – commonly the amount incurred by the actual insurance company to settle the claim.

Data collected by the State of Connecticut Insurance Department shows that the frequency of medical malpractice claims has decreased, even as the value of indemnity either awarded or settled has increased. As a whole, the Department reports that “claim values have increased at an average rate of approximately seven percent per year since 1992.”  The Department predicts that the number of cases will continue to increase as the state and the nation continues to recover from the 2008 economic downturn.

This has not led to a great change in the cost of medical malpractice insurance for licensed physicians in Connecticut in any significant way, though Connecticut’s average cost per claim is, according to the state’s Insurance Department, still among the highest in the nation.

There are three different types of insurance underwriters that may insure a medical professional: commercial insurers, excess and surplus lines insurers, ad captives, risk attention groups, and self-insured hospital. The latter accounts for 53 percent of the medical insurance market. No matter what type of insurance your physician or hospital carries, you are eligible for the same rights when it comes to a medical malpractice claim.

If you or someone you know has been the victim of medical malpractice, the most important step is to seek the counsel of a medical malpractice attorney. Contact Richard H. Raphael, Attorney at Law today for a free initial consultation.

There are three types of medical malpractice that can be addressed in a medical malpractice suit, as noted by the American Board of Professional Liability Attorneys (ABPLA). Medical malpractice is generally defined as an act of negligence on the part of a doctor or medical professional that results in harm, a failure to heal, or in extreme cases the death of a patient. For it to be considered for a liability suit, the incident must include the following three attributes:

•      The standard of care was not met. An example of a standard care violation could include a professional’s failure to wear gloves or wash his hands;
•      A patient was injured in the course of negligent care. It is not enough for a patient to claim that the professional did not provide care that met his or her expectations, but the he or she suffered at the hands of a professional;
•      The injury sustained in the course of care must have significant detriments or lasting effects. The ABPLA notes that patients would do well to remember that if the injury sustained was somewhat insignificant, it could end up costing more to pursue the suit than care for the injury itself.

The ABPLA lists several examples of medical malpractice. Failure to diagnosis, misreading lab results, poor aftercare, improper medication or dosage, and a failure to either order proper testing or recognize symptoms are all examples of medical malpractice.

According to Medical News Today, the most common form of medical malpractice is misdiagnosis. In fact, a team of researchers at Johns Hopkins University reported in 2013 that “diagnosis errors cause up to 160,000 deaths annually in the USA.” This cost doctors nationwide a staggering $38.8 billion in payments to patients between 1986 and 2010.

Medication errors are also a common form of medical malpractice. A University of Illinois report stated that blood thinners are the most common type of medication errors—accounting for seven percent of such cases for all hospitalized patients.

If you or someone you know suspects you have been the victim of medical malpractice in Connecticut, the most important step is to seek legal counsel. Contact Richard H. Raphael, Attorney at Law today.

Several subjects regarding healthcare and patient–doctor responsibility have come to light in the wake of the passage of the Affordable Health Care Act. One such necessary discussion that has been much less prominent has been the need to reform the framework for medical malpractice. According to a recent article in the Huffington Post, however, this is one of the most important debates the nation is not having.

One important tenant of the Affordable Care Act, or Obamacare, attempted to curb the cost of wasted money in the healthcare industry. The majority of this waste comes from three causes, reports the Huffington Post: defensive medicine, “caused by unnecessary tests and procedures done in part to help protect doctors from possible lawsuits;” a reimbursement system that rewards doctors for providing more instead of better care; and the cost of “a torrent of bureaucracy.” The article suggests that inefficient healthcare systems waste approximately one trillion dollars of taxpayer money every year. “Solving these problems,” reports the Huffington Post, “requires entirely new frameworks.”

One such initiative included in an early draft of the Act included “alternative systems of justice,” according to the Huffington Post, but this provision was tempered with the actual passage of the law. As it stands, patients can opt out of participating in these special types of health care courts at any time.  

In 2012 alone, according to the New York Daily News, medical malpractice suits costs New York City $134 million by August alone. According to a Connecticut State government legislative report, a total of 3,302 claims were reported in the state between 2008 and 2012, and just less than half (1,562) closed with an indemnity payment. The total cost for the state over the five-year reporting period was $861 million.

Special health care courts that are made mandatory could help to keep the cost of medical malpractice down for taxpayers, no matter in which state you live. Regardless, medical malpractice is a serious issue that requires the assistance of legal counsel. If you or someone you is considering a medical malpractice suit in Connecticut, contact the law offices of Richard H. Raphael for a free initial consultation today.