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

• Kate Albert
• Sylvia Clower
• Pam Deslatte
• Sandy Pittman
• Jim Richard
• Richard Weaver
• Susan West
• Percy Williams

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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

• Pending claims approximately 1328 last years
  pending was 1644
• Amounts paid in last five years
• 2003 25.0 million
• 2004 25.8 million
• 2005 22.6 million
• Actual Settlement Amounts
• Fiscal 03-04 15, 216, 569 (82 cases)
• Fiscal 04-05 12,424, 813 (101 cases)

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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
• Plus an attorney chairman selected by plaintiff
  and defense counsel.
• The attorney chairman supervises the activities
  and deadlines for the panel

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Panel Decision

• Evidence is submitted by plaintiff and defendants
  in writing.
• 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.

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