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Indiana Medical Liability


The American College of Cardiology: What We Do

 Quality Care: Leading the way in defining quality care for the cardiovascular community and patients  Education: Providing the very best cardiovascular knowledge for every clinician  Advocacy: Shaping the future of health care nationwide to increase patient value and access to quality care


ACC Risk Management Institute Addressing the problem of Medical Professional Liability To improve patient safety and quality care To reduce the Medical Liability of ACC members


ACC Risk Management Institute The American College of Cardiology is —  Launching a nationwide campaign to systematically improve the quality of cardiovascular care in the United States and to reduce professional liability claims against cardiologists and the cardiac care team  Partnering with the Physician Insurers Association of America (PIAA), the cardiac care team, medical professional liability companies, and medical-legal education providers  Creating a complete educational campaign and products developed from closed claims data  Focusing on engaging the cardiac care team in understanding and learning how to improve care through increased awareness of the causes of closed claims 4

Closed Professional Liability Claims in Cardiovascular Disease: What the PIAA Data Shows

 Of 28 specialty groups cardiovascular diseases ranked 15th and cardiovascular and thoracic surgery ranked 9th in the number of closed claims between 1985 and 2008  The total indemnity paid on behalf of cardiovascular disease is close to $210 million  The cumulative average indemnity for this specialty was 20% more than the overall average paid between 1985 and 2008 ($251,024 vs. $209,156)


Closed Professional Liability Claims in Cardiovascular Disease: What the PIAA Data Show

 Most Prevalent Medical Misadventure: Diagnostic Error  Most Prevalent Patient Condition: Coronary Atherosclerosis  Procedures Named in the Most Claims: Diagnostic Interview, Evaluation or Consultation  Most Prevalent Severity of Injury: Patient Death


Study Findings from Multivariate Analyses Showing the Impact of Tort Reforms

Studdert D et al. N Engl J Med 2004;350:283-292

Ranges of Percentage Increases in Premiums between 2001 and 2002 for a Standard Professional Liability Insurance Policy ($1 Million per Incident, $3 Million per Year) for an Obstetrician-Gynecologist, among Insurance Companies in States That Are "in Crisis" (AMA)

Mello M et al. N Engl J Med 2003;348:2281-2284

Results of Medical Error Disclosure Program at the University of Michigan Health System

Clinton H and Obama B. N Engl J Med 2006;354:2205-2208

Advantages and Disadvantages of Potential Medical Liability Reforms

Mello M and Brennan T. N Engl J Med 2009;361:1-3

Options for Malpractice Reform

Studdert D et al. N Engl J Med 2004;350:283-292

Indiana Medical Malpractice • • • • • • • • • • • 12

Statutes of Limitations Contributory/Comparative Liability Joint and Several Liability Contribution Vicarious Liability Expert Testimony Damage Caps Statutory Caps on Attorney Fees Patient Compensation Fund Immunities Arbitration (Panel)

Improving Current Indiana Law • • • •


Plaintiff Fee to File Claim to IDOI Payment Responsibility based on Panel Reducing Caps on non-economic Damages Economic Damages based on Medical Fees Paid (not charges)

Partners in Improving Cardiovascular Health and Reducing Claims



Indiana Medical Liability  

Indiana Medical Liability