Pre-Operation Doctor Quiz

In a recent video article on HealthDay, Dr. Cindy Haines states that there are no wrong questions when it comes to a patient asking their doctor about the implications of a pending procedure.

The goal is to obtain any information the patient needs in order to feel as comfortable as possible with the decision to move forward with the procedure.

Here is the short list of recommended questions for a patient to ask their doctor:

  1. Are you board certified to perform the specific operation at hand?
  2. Find out if losing weight pre-operation might be helpful.
  3. Discuss how quitting smoking cigarettes might reduce the risk for surgical complications.
  4. Inquire about the surgical implications of having sleep apnea.
  5. Find out about any less invasive surgical alternatives.

Finding out risk reducing steps before the procedure helps the patient better understand how they can be as prepared as possible to have a safe and successful visit on the day of the procedure.

Link to video

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The Underwriting Process

Think of it in a similar way as getting blood work done. Once you’ve drawn your blood sample, the results are not immediately available. That’s because the sample need to be analyzed. Once the analysis comes back on the blood, the information can be communicated to the patient.

Your medical malpractice insurance follows a similar process. Once all the information has been gathered, we send that information to our various resources in order to get the policy that suits you best. Whether that policy is price motivated, covering multiple areas of risk, etc, it will need to be “analyzed” first before there is any information to present. Once the underwriting process concludes, we’ll have the results of the “test!”

The next part is communicating the results. Whether communicating the results of a medical test, or the results of the underwriting process, the results are communicated to the client/patient/doctor. We always do our best to outline the key highlights of the policy, and if you have multiple quotes, we will outline the differences in those policies and help you come to a well informed decision.

If someone promises you immediate results, be weary! The average turnaround time for quotes is about one week. The quicker the information gathering process goes, quotes may be able to be turned around faster, but it really depends on a case by case basis.

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California Cap on Damages Resurfaces

A compromise over increasing MICRA’s cap on damages was on the table yesterday, but ultimately fell short. The deal was to increase the cap to $500,000 but was rejected because lobbyists believe it should be raised much higher.

Consumer Watchdog, an ally of the lawyer lobby, announced that it was submitting enough signatures to place a measure on the November ballot. Insiders say that if the measure passes in November, it could immediately raise the cap to $1 million which would affect insurance premiums in California drastically.

Key Highlights

  • MICRA (Medical Injury Compensation Reform Act) has long been contested and first came into existence in 1975 when governor Jerry Brown signed the bill into law. The law was designed to keep premiums low and reduce the number of frivolous lawsuits that were plaguing the judicial system.
  • MICRA set the cap on damages at $250,000 and has remained in place for over 38 years.
  • Critics of MICRA say the cap on damages is not worth what it once was due to inflation.
  • The law also limits the amount of fees that can be taken out by trial lawyers in the event that an award is given.
  • Factoring in the limit of fees that can be taken out and inflation, trial lawyers argue that many of these cases over medical malpractice are not worth the time and effort to pursue.
  • Increasing the cap means that more cases will be tried based the amount of attorney’s fees that can be taken from the award.
  • More cases means more defense costs and payouts by insurance carriers, so to recoup the cost, premiums would need to increase.

A good example of the opposite end of the spectrum of California’s MICRA would be New York State. In New York there is no cap on damages and insurance carriers have payed out huge sums of money over the years. Insurance carriers have lost so much money in New York that most insurance carriers simply will not write business in that state.

The state of California has a wealth of options when it comes to medical malpractice insurance, and as such, the competition helps to drive down the cost. Lower premiums coupled with the cap on damages create a doctor friendly environment. It can also be argued that a greater number of doctors create competition in the healthcare field, which in turn increases the quality of doctors and the level of care they provide. Increasing the quality of care decreases the number of claims and lawsuits, and so the circle goes round. The debate rages on: should we increase cap? It’s a fine line and a grey line at best.

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Indiana Patient Compensation Fund

The Indiana PCF surcharge will increase by 13% beginning April 1. According to the state, the pool has become too shallow and needs to be replenished. In July 2013 the state paid out more than $112 million in 409 cases involving Dr. Mark Weinberger. Hospitals are expected to see increases of over 21 percent.

The professional liability climate in Indiana has been stable over recent years, partly due to an agreement that the state reached with some of the largest insurance carriers where rates would be decreased across the board.

Now that the patient compensation fund has been depleted to its current level, we can expect Indiana doctors and hospitals to pay increased rates until the fund is back to a healthy level.

If you don’t have room in your budget for a 13% increase, let us shop the market on your behalf to see if there is any room for rate relief. We’ve been able to help other Indiana doctors and we’d love the chance to help you too.

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UPDATE: Target Breach Increases to 70 Million Customers

Target released a statement today increasing the initial number of affected customers from 40 million to 70 million. New victims of the breach were found to have purchased from Target prior to Black Friday, which is the original date in question when the breach took place.

“I know that it is frustrating for our guests to learn that this information was taken and we are truly sorry they are having to endure this,” said Gregg Steinhafel, chairman, president and chief executive officer of Target. “I also want our guests to know that understanding and sharing the facts related to this incident is important to me and the entire Target team.”

Target also stated that much of the data stolen was partial, but in situations where an email address was available, Target will be reaching out to those customers with tips for avoiding scams in the future and how to help protect themselves.

If you are a small business owner, talk to you broker to see how a cyber liability insurance policy can help to keep you protected. In many cases the cost of having a policy in force is minimal compared to the financial and reputational damage that can be caused by not having a policy in place.

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Target Data Breach Affects 40 Million Customers

Target announced today that credit and debit card information of as many as 40 million customers was stolen during the busiest shopping time of year. The breach, touted as one of the largest ever in American history, included customer names, card numbers, expiration dates, and the validation codes - everything a cyber criminal would need to create counterfeit credit cards.

The information from magnetic stripes, known as “track data,” is extremely valuable on the black market. It essentially allows criminals to encode that data onto any card with a magnetic stripe. If PIN codes were also intercepted, that would allow criminals to withdraw the cash of unsuspecting customers from ATMs.

Target, with almost $72 billion in U.S. sales last year, is the third-largest store in America, trailing only Walmart and the Kroger grocery store chain. Target has about 1,800 stores in the United States.

“Target’s first priority is preserving the trust of our guests and we have moved swiftly to address this issue, so guests can shop with confidence,” said Gregg Steinhafel, Target’s president and CEO.

“We regret any inconvenience this may cause,” he said. “We take this matter very seriously and are working with law enforcement to bring those responsible to justice.”

Data breaches are expensive for retailers. TJX Cos., which operates T.J. Maxx and Marshalls, paid $9.75 million in a settlement with states in June 2009, although the company said at the time that it believed it did not violate any consumer protection or data security laws.

Many businesses do not have the financial strength of a company the size of Target, so if faced with a large data breach, it could mean financial ruin for that business. It’s a very good idea to have a conversation with your broker about the cyber exposures that you might have. Proper safeguards could mean the difference in whether or not your business survives the financial and reputational damage of a breach.

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Premium Credit for Cardiologists

One of the largest and most trusted carriers in the country is offering a new way for Cardiologists to save money on their malpractice insurance premiums. Members of the American College of Cardiology (ACC) can earn premium savings of up to 10 percent by participating in two of the following three ACC programs:

  • PINNACLE Registry®
  • Maintenance of certification
  • Patient Safety and Risk Management Self-Assessment Program (SAP)—NEW!

Clients who choose SAP will also receive 12 CME credits from the ACC.

These savings are in addition to the program discount of 5 percent available to members with a favorable claims history, for total savings of up to 15 percent.

Ensure that your cardiologist clients are benefiting from the full 15 percent discount—encourage them to participate in the ACC programs and save. You can also use the credits as a key selling point in your prospecting efforts.

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Medical Malpractice Projections for 2014

According to a recently published study on businessinsurance.com, medical malpractice claim frequency for 2014 is largely expected to remain flat, while the cost of malpractice claims has experienced a minimal increase.

The study also projected no increase in hospital professional liability for the coming year. Claim severity which also includes defense costs is growing by 2.5% annually.

The report estimated that med mal claims in 2014 will represent 60 cents in costs for every $100 of hospital revenue, or $135 per average hospital admission.

Hospitals have been reducing med mal costs in part by improving patient safety and self-insuring to cover malpractice claims, the study said.

You can read the full article here.

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Are you paying too much for your malpractice insurance?

Ready to start saving?

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7% Rate Increase for California Workers’ Compensation

It was recently announced that California employers are facing a rate increase for 2014 that could be as high as 11%. The specifics are not known at this time, but it can be expected that rates should increase 7% in October and face a possible further increase soon after that.

The Workers’ Compensation Insurance Rating Bureau (WCIRB), which is governed by insurance carriers, says it has found a spike in medical costs related to older claims and a disconcerting increase in frequency of workers’ comp claims being filed.

The Bureau’s filing was going to be for a 4.4% increase in the approved pure premium rates, but is now likely to be in the range of a 7 to 8% pure premium increase. The Bureau will make a formal rate recommendation to the governing board and a formal filing is expected immediately thereafter.

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