MEDICAL MALPRACTICE

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MEDICAL MALPRACTICE
Anne Whittinghill Office of Risk Management
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WHO WE ARE

• Kathleen Gasser, Claims Manager Telephone (225)
  342-8433
• Susan Couvillion, Claims Supervisor Telephone
  [phone]
• Anne Whittinghill, Claims Supervisor Telephone
  [phone]

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Malpractice Adjusters

• April Williams
• Sylvia Clower
• Sandy Pittman
• Jim Richard
• Mike Mackey
• Nancy Daigle
• Percy Williams

[phone] [phone] (225)
219-0408 [phone] [phone] (225)
219-9832 [phone]
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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.

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Malpractice Statistics

• On 6/30/09 pending claims were 776
• On 6/30/08 pending claims were 838
• On 6/30/07 pending claims were 923
• SETTLED CASES
• Fiscal 2009 16,043,987 (83 cases)
• Fiscal 2008 15,386,327 (76 cases)
• Fiscal 2007 13,864,755 (87 cases)
• CASES FILED
• Fiscal 2009 184
• Fiscal 2008 201
• Fiscal 2007 207

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Medical Malpractice Statute

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

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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.

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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.92794
• Knowledge or skill or degree of care ordinarily
  exercised.

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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

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Who can file a claim?

• The patient
• Patients legal representative (attorney)
• Legal guardian/parent on behalf of minor patient
• Next of kin on behalf of deceased patient

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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

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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

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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

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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 within the appropriate
  degree of caresards of care as charged in the
  complaint.

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

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

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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.

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Questions?