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Indiana Medical Liability

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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

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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

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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)

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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

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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 • • • •

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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

Questions?

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Indiana Medical Liability  

Indiana Medical Liability