MEDICAL MALPRACTICE Anne Whittinghill Office of Risk Management

WHO WE ARE Kathleen Gasser, Claims Manager Telephone (225) Kathleen Gasser, Claims Manager Telephone (225) Susan Couvillion, Claims Supervisor Telephone (225) Susan Couvillion, Claims Supervisor Telephone (225) Anne Whittinghill,Claims Supervisor Telephone (225) Anne Whittinghill,Claims Supervisor Telephone (225)

Malpractice Adjusters Kate Albert Kate Albert Sylvia Clower Sylvia Clower Pam Deslatte Pam Deslatte Sandy Pittman Sandy Pittman Jim Richard Jim Richard Richard Weaver Richard Weaver Susan West Susan West Percy Williams Percy Williams (225) (225) (225) (225) (318) (225) (225) (225)

WHAT DO WE COVER? Medical Malpractice insurance coverage is extended to state health care professionals providing health care services on behalf of the State. 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. Includes medical, surgical, dental or nursing treatment of patients.

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

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

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. 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.

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.9:2794… 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.9:2794… Knowledge or skill or degree of care ordinarily exercised Knowledge or skill or degree of care ordinarily exercised

Breach of Standard of Care Plaintiff must prove negligence Plaintiff must prove negligence Injury alone does not raise a presumption of negligence Injury alone does not raise a presumption of negligence Plaintiff must prove proximate cause of each injury Plaintiff must prove proximate cause of each injury

Who can file a claim? The patient The patient Patient’s legal representative (attorney) Patient’s legal representative (attorney) Legal guardian/parent on behalf of minor patient Legal guardian/parent on behalf of minor patient Next of kin on behalf of deceased patient Next of kin on behalf of deceased patient

How to file a medical malpractice claim? A request for a Medical Review Panel must be forwarded to: A request for a Medical Review Panel must be forwarded to: Commissioner of Administration Commissioner of Administration Post Office Box Post Office Box Baton Rouge, LA Baton Rouge, LA Filing fee $100 per named defendant Filing fee $100 per named defendant

Duty of the Commissioner Confirm receipt of the filing within 30 days Confirm receipt of the filing within 30 days Notify all named defendants Notify all named defendants Notify claimant and defendants of date of filing, and receipt of filing fee or Notify claimant and defendants of date of filing, and receipt of filing fee or receipt of affidavit of paupership receipt of affidavit of paupership

Medical Review Panel Composed of three medical providers of the same specialty as named defendant Composed of three medical providers of the same specialty as named defendant Plus an attorney chairman selected by plaintiff and defense counsel. Plus an attorney chairman selected by plaintiff and defense counsel. The attorney chairman supervises the activities and deadlines for the panel The attorney chairman supervises the activities and deadlines for the panel

Panel Decision Evidence is submitted by plaintiff and defendants in writing. 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. 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.

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

Filing a medical malpractice lawsuit The filing of a panel request suspends the time in which a suit must be instituted. 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. This runs for 90 days after notice by certified mail of the panel decision.

Questions?