Winter 2003 Issue: Liability Reform
 
 


Winter 2003


Dear Kitsap County Medical Society Members and Colleagues,

Many of you have felt the bite of steep rate increases in malpractice coverage this year. Two of our seventeen ER colleagues have elected to move out of state for this reason (ER MD coverage increased 70% this year over last year’s premium). Many family practice doctors have elected to stop doing obstetrics due to the increased cost of malpractice coverage. Some obstetricians are considering no longer doing obstetrics. Radiology, anesthesia and cardiology practices are finding it hard to recruit new physicians, even from training programs in Washington state. This pattern is occurring all over the state.

Sen. Deccio has introduced liability reform legislation into the state senate (SB 5209). This bill is patterned exactly after the malpractice legislation in California where rates have increased much more slowly. The key features are a cap on non-economic damages at $250,000, and sliding scale limit on attorney’s fees. A state constitutional amendment may be necessary as the state Supreme Court ruled in 1988 that it was the purview of the jury, not the legislature, to determine awards. Sen. Deccio has also introduced an amendment that would allow the legislature to set limits on non-economic damages in liability cases (SJR 8207).

Senator Diane Feinstein has also stated she will introduce a comparable bill into the US Senate if she gets another democratic sponsor. This move by a prominent national democrat would put significant pressure on the state legislators.

You can do several things RIGHT NOW!
  • Email your state senator and urge co-sponsorship of both SB 5209 and SJR 8207. (See the legislative email table enclosed or go to www.leg.wa.gov to find your district & legislators.)
  • Email your state representatives and urge introduction and passage of comparable bills in the house.
  • Email Maria Cantwell urging her to co-sponsor MICRA legislation with Sen. Feinstein. http://cantwell.senate.gov/contact/index.html
  • Talk to your patients about the impact on medical access HERE and NOW by the malpractice insurance increases that have already occurred.
  • Talk to your patients about the impact of runaway liability premiums in other areas in their lives such as local government, schools, athletics, community service organizations, etc.
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March is Colorectal Cancer Awareness Month - Dr. Green will be presenting a talk on Colon Cancer screening Tuesday Feb 25th, 6pm at the Silverdale Hotel. This talk is sponsored by the American Cancer Society and intended for ACS Ambassadors and Allies but public is welcome. Advance registration is requested by calling 1-800-729-3880 Option 2.

Medicare will now cover a screening colonoscopy
every ten years for average risk patients


Kitsap ColoRectal Surgery, Johnny B. Green, MD, FACS, FASCRS
Eastwood Building, 2528 Wheaton Way, #103, Bremerton, WA 98310
(360) 377-4717 -- (360) 377-4134 fax
www.kitsapcolorectal.com

 

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