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[Medical counseling of public health-insurances in questions of occupational diseases in regard to economical benefits--project of cooperation between AOK Hesse and the Medical Advisory and Expertising Service Hesse].

Since September 1998 exists a project of cooperation and consultation between the AOK Hesse and the Medical Advisory and Expertising Service Hesse with the aim to identify occupational diseases and to survey decisions of the Employer's Liability Insurance Association. The procedure is based on a computer-added recognition-system, a profound preparation of the single cases by the employees of the health-insurance and a very intensively carried out deliberation by Medical Doctors of occupational medicine. In a period of four and a half year 8391 cases have been reviewed of which 4859 have already been determined. An approval as occupational disease by the Employer's Liability Insurance Association has been determined in 1954 cases, in 2905 cases the acknowledgement has not been determined. Regarding the determined cases a recourse of 10,078,922.27 EUR has been realized. In regard to the invested small resources of personnel the procedure has proved itself as highly effective to discover and to assert recourses. Beside the economical aspects for the public health-insurance, other results of the project were the assurance of the entitlement to benefits of people coming down with occupational diseases or their relatives. New insights about the actual development of occupational diseases in Germany als well as their prevention can be proceeded.

Accidents, Occupational↗

A description of emergency department-related malpractice claims in The Netherlands: closed claims study 1993-2001.

BACKGROUND: The aim of this study was to assess the quality of care provided at emergency departments (ED) in the Netherlands by analysing medical liability insurance claims. METHODS: A retrospective study performed by reviewing records at MediRisk, presently the largest insurer for medical liability in the Netherlands. The following data were abstracted from the files available for analysis: medical discipline involved, physician involved (resident or consultant), nature and gravity of the complaint, and final claim disposition. RESULTS: Between 1993 and 2001 a total of 326 claims involving the ED were filed at MediRisk. Of these, 256 claims (79%) were closed and were available for analysis. Medical liability claims were filed primarily for alleged errors in diagnosis and treatment. The majority of claims involved minor surgical conditions: fractures, luxations (joint dislocations), wounds and tendon injuries (210/256, 82%). Residents were involved in 76% of the claims; resident supervision by a consultant was documented in only 15% of the medical records. Permanent patient disability resulting from improper ED treatment was alleged in 22% of the claims. Four per cent of the claims involved the death of a patient. Physicians accepted liability in 16% of the claims filed. Indemnity payments during the 8-year study period totalled Euros 504,000. CONCLUSION: The number of medical liability claims is low compared with the number of patients treated in ED in the Netherlands. Claims primarily concerned alleged mistakes in diagnosis and the treatment of minor trauma. Residents were involved in the majority of the claims. More resident supervision is needed, as are specific training programmes for emergency physicians.

Emergency Medicine↗

Liability crisis: the insurer's point of view.

Insurers now find themselves caught in the negative results of business and investment decisions made during times of high interest rates. High premiums and low coverage have been the tactic for recovery, but it ill-behooves insurance buyers to now forget that they benefited from that period of low premiums and easy access to insurance.

Health Facilities↗

The case for self-insurance.

Faced with escalating costs for primary professional liability insurance, many hospitals are considering self-insuring at least part of their professional liability risk. Self-insurance offers advantages over commercial insurance in several areas. The most important corollary of self-insurance from the perspective of the board is the need for more intimate involvement in the quality of medical practice in the institution.

Hospitals↗

Professional lability insurance: I. A historical perspective.

Medical professional liability insurance (also known as malpractice insurance) is designed specifically to protect physicians, clinics, hospitals and health care facilities, and other health personnel in the event that a patient files a claim against them, alleging negligence, with resulting injury or harm. It is one of the largest expenses for any medical practice and is a high priority concern of every physician. The market for this insurance, the approach to evaluating it, and the cost of it have changed dramatically in the last 20 years.

History, 20th Century↗

Pregnancy care liability misperceptions among medical students in Florida.

BACKGROUND: Previous studies have demonstrated a professional liability insurance (PLI) fee misperception among medical students that had a direct influence on their subsequent decision making concerning the provision of pregnancy care (PC) in family practice (FP). In Florida, the paucity of family physicians providing PC and prenatal services led to the present study, which was designed to survey those senior medical students in Florida who were interested in FP to determine their opinions regarding pregnancy care-related liability issues. METHODS: All fourth-year medical students in the three allopathic medical schools in Florida who were members of a family practice interest group (FPIG) were mailed a short questionnaire by an independent researcher. The questionnaire asked students about a) whether they planned to deliver babies in practice, b) the cost of first-year liability insurance, and c) the risk of being sued if they provided PC in family practice. RESULTS: Fifty-one medical students (64% of the FPIG members in Florida) provided responses to the mail survey. Of the 51 respondents, 57% plan to enter FP residencies, and 31% were either somewhat likely or very likely to provide PC in FP. Those unlikely to do PC listed PLI cost and risk as their primary concerns. A comparison of medical students planning to provide PC with those not planning to provide PC services revealed average estimates of PLI premiums that were discordant by $5,000 per year. Furthermore, estimates in both groups exceeded the actual first-year rates of PLI insurance by more than $20,000 per year. Ninety percent of the students estimated that the actual risk of being sued for malpractice while providing PC was "high." Students' perceptions of PC PLI cost, and risk of being sued, were learned primarily from sources outside of the medical school. CONCLUSIONS: This study suggests a problem in the medical education of FP-bound students that allows students to develop misperceptions about the liability cost and risk of providing PC in FP.

Adult↗

Beyond tort reform.

Organized medicine has spent a great deal of time, energy, and money attempting to revise the legal tort system. Yet, change, if any, has been incredibly slow. There are many reasons for this. Tort law has been a part of American jurisprudence for hundreds of years. In addition, most state legislatures are populated with large numbers of attorneys. This paper explores the economic factors that underlie the litigation process in medical negligence/malpractice cases. It suggests that the current tort system is not as antimedicine as physicians commonly believe, rather, it is physician-friendly. Presented here is a more efficient and cost-effective method of addressing medical negligence/malpractice cases. An exclusive relationship between the liability insurance carrier and a defense law firm is proposed. Rather than using the old billable hours system to charge for its services, the defense law firm negotiates a yearly retainer based upon a percentage of the annual liability insurance premiums paid. How this relationship would result in a more efficient and cost-effective approach to the present tort system is examined.

Humans↗