Office of Risk Management Annual Conference MEDICAL MALPRACTICE Anne Whittinghill Office of Risk Management

Office of Risk Management Annual Conference WHO WE ARE  Kathleen Gasser, Claims Manager Telephone (225)  Susan Couvillion, Claims Supervisor Telephone (225)  Anne Whittinghill, Claims Supervisor Telephone (225)

Office of Risk Management Annual Conference Malpractice Adjusters  April Williams  Sylvia Clower  Sandy Pittman  Jim Richard  Mike Mackey  Nancy Daigle  Percy Williams (225) (225) (225) (225) (318) (225) (225)

Office of Risk Management Annual Conference 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.

Office of Risk Management Annual Conference Malpractice Statistics  On 6/30/09 pending claims were 776  On 6/30/08pending 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

Office of Risk Management Annual Conference Medical Malpractice Statute  The State of Louisiana provides Medical Malpractice coverage in accordance with the provisions of R.S. 40:

Office of Risk Management Annual Conference 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.

Office of Risk Management Annual Conference 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…  Knowledge or skill or degree of care ordinarily exercised.

Office of Risk Management Annual Conference 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

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

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

Office of Risk Management Annual Conference 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

Office of Risk Management Annual Conference 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

Office of Risk Management Annual Conference 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.

Office of Risk Management Annual Conference No court action until a decision is reached by the Medical Review Panel. If a suit is filed prior to the panel’s finding, then it is deemed premature and defense counsel will be instructed to file for dismissal.

Office of Risk Management Annual Conference 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.

Office of Risk Management Annual Conference Questions?