MEDICAL MALPRACTICE

Anne WhittinghillAnne Whittinghill

Office of Risk ManagementOffice of Risk Management

WHO WE ARE

Kathleen Gasser, Claims Manager Kathleen Gasser, Claims Manager Telephone (225) 342-8433Telephone (225) 342-8433

Susan Couvillion, Claims Supervisor Susan Couvillion, Claims Supervisor Telephone (225) 342-8432Telephone (225) 342-8432

Anne Whittinghill,Claims Supervisor Anne Whittinghill,Claims Supervisor Telephone (225) 342-0868Telephone (225) 342-0868

Malpractice Adjusters

Kate AlbertKate Albert Sylvia ClowerSylvia Clower Pam DeslattePam Deslatte Sandy PittmanSandy Pittman Jim RichardJim Richard Richard WeaverRichard Weaver Susan WestSusan West Percy WilliamsPercy Williams

(225) 219-0788(225) 219-0788 (225) 342-8440(225) 342-8440 (225) 219-0408(225) 219-0408 (225) 219-0411(225) 219-0411 (318) 487-5412(318) 487-5412 (225) 219-9832(225) 219-9832 (225) 219-0410(225) 219-0410 (225) 342-3666 (225) 342-3666

WHAT DO WE COVER?

Medical Malpractice insurance coverage is Medical Malpractice insurance coverage is extended to state health care professionals extended to state health care professionals providing health care services on behalf of providing health care services on behalf of the State.the State.

Includes medical, surgical, dental or nursing Includes medical, surgical, dental or nursing treatment of patients. treatment of patients.

Malpractice Statistics

Pending claims approximately 1328; last year’s Pending claims approximately 1328; last year’s pending was 1644pending was 1644

Amounts paid in last five years:Amounts paid in last five years: 2003 $25.0 million2003 $25.0 million 2004 $25.8 million2004 $25.8 million 2005 $22.6 million2005 $22.6 million Actual Settlement AmountsActual 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 The State of Louisiana provides Medical Malpractice coverage in accordance with Malpractice coverage in accordance with the provisions of R.S. 40: 1299.39the provisions of R.S. 40: 1299.39

What is Malpractice?

The failure to exercise the reasonable The failure to exercise the reasonable standard of care specified and required in standard of care specified and required in the provision of health care, when such the provision of health care, when such failure proximately causes injury to a failure proximately causes injury to a patient.patient.

Standard of Reasonable Care

The standard of reasonable care for licensed The standard of reasonable care for licensed physicians and dentists shall be the same as physicians and dentists shall be the same as that required to be proven with respect to that required to be proven with respect to them under R.S.9:2794…them under R.S.9:2794…

Knowledge or skill or degree of care Knowledge or skill or degree of care ordinarily exercisedordinarily exercised

Breach of Standard of Care

Plaintiff must prove negligencePlaintiff must prove negligence Injury alone does not raise a presumption of Injury alone does not raise a presumption of

negligencenegligence Plaintiff must prove proximate cause of Plaintiff must prove proximate cause of

each injury each injury

Who can file a claim?

The patientThe patient Patient’s legal representative (attorney)Patient’s legal representative (attorney) Legal guardian/parent on behalf of minor Legal guardian/parent on behalf of minor

patientpatient Next of kin on behalf of deceased patientNext of kin on behalf of deceased patient

How to file a medical malpractice claim? A request for a Medical Review Panel must A request for a Medical Review Panel must

be forwarded to:be forwarded to: Commissioner of AdministrationCommissioner of Administration Post Office Box 44336Post Office Box 44336 Baton Rouge, LA 70804-4436Baton Rouge, LA 70804-4436 Filing fee $100 per named defendant Filing fee $100 per named defendant

Duty of the Commissioner

Confirm receipt of the filing within 30 daysConfirm receipt of the filing within 30 days Notify all named defendants Notify all named defendants Notify claimant and defendants of date of Notify claimant and defendants of date of

filing, and receipt of filing fee orfiling, and receipt of filing fee or receipt of affidavit of paupershipreceipt of affidavit of paupership

Medical Review Panel

Composed of three medical providers of the Composed of three medical providers of the same specialty as named defendantsame specialty as named defendant

Plus an attorney chairman selected by Plus an attorney chairman selected by plaintiff and defense counsel.plaintiff and defense counsel.

The attorney chairman supervises the The attorney chairman supervises the activities and deadlines for the panelactivities and deadlines for the panel

Panel Decision

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

Panel has the sole duty to express its expert Panel has the sole duty to express its expert opinion as to whether or not the evidence opinion as to whether or not the evidence supports the conclusion that the supports the conclusion that the defendant(s) acted or failed to act with the defendant(s) acted or failed to act with the appropriate standards of care as charged in appropriate standards of care as charged in the complaint.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 The filing of a panel request suspends the

time in which a suit must be instituted. time in which a suit must be instituted. This runs for 90 days after notice by This runs for 90 days after notice by

certified mail of the panel decision. certified mail of the panel decision.

Questions?