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Louisiana Medical Malpractice An Overview 2010 HOD

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Louisiana Medical Malpractice An Overview 2010 HOD

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    1. Louisiana Medical Malpractice An Overview 2010 HOD Vince Culotta Jr. MD

    2. Before Act 817 No limits Ad damnum clause Crisis of availability 1974 constitutional convention Sensational journalism Trial by press Reputations ruined

    3. Act 817 No ad damnum clause Pre-trial Review Panels Limited liability to $500,000 total Personal limit of liability to $100,000 Established PCF to pay claims in excess of $100,000 and receive complaints and determine qualifications

    4. Evolution of the ACT Allowed settlement less than $100,000 to establish liability & PCF hands OFF Roemer commission established unlimited payments for future medicals. PCF oversight board. Actuarial requirements applicable to PCF Thirty percent requirement 250 legislative challenges to act Filing fees & Modified loser pay rules

    5. Forces affecting ACT 817 Court decisions in progress Taylor Arrington Olivier Insurance commissioner Rapid rise in the rate of increase Concern for the unfunded liability Desire to privatize Legislation Trail Bar REP. John Bel Edwards Attempts at compromise

    6. Court Decisions Taylor & Arrington case Olivier case Texas Act Constitutional concerns by many Work group of the interested

    7. Louisiana Constitution ‘74 §22. Access to Courts Section 22. All courts shall be open, and every person shall have an adequate remedy by due process of law and justice, administered without denial, partiality, or unreasonable delay, for injury to him in his person, property, reputation, or other rights.

    8. Insurance commissioner Afraid of another Citizens Unfunded liability (400mil) 530 mil in bank Wants to close the UFL in 5 – 7 years 20% increase for 5-7 years DOI is suing the PCF Legislative battle is looming

    9. La RS 40:1299.44 (6)(a)  At all times the fund shall be maintained so as to provide a surplus of thirty percent of the annual surcharge premiums, reserves established for individual claims, reserves established for incurred but not reported claims, and expenses. (b)  No reduction in the surcharge shall be made unless such surplus is available in the fund

    10. The PCF Closing more claims than opening Interest is a problem No Knowledge of claim until underlying coverage is resolved Unfunded liability calculated to be 400 MIL Based on average with little facts Reserves >30%

    11. La RS 40:1299.44 (2)(b)  The surcharge shall be determined by the commissioner of insurance based upon actuarial principles and in accordance with an application for rates or rate changes, or both, filed by the Patient's Compensation Fund Oversight Board, established and authorized pursuant to Subsection D of this Section.

    12. Legislation Working for one year with stakeholders Trial bar gave nothing Providers offered much Expect cap bills and prepare to be involved The LSMS has worked in good faith

    13. LSMS Actions Ad hoc committee Member of the work group Authorization for COM and underlying coverage increase Monitoring and working to represent all MDs insured, self insured and hospital based reflecting the membership

    14. 2008 Attempts at change by Coalition SB509/SB70 Definitions of malpractice SB652 PCF adjustments HB658/SB217 willful & wanton SB664/HB881 C.O.M. SB302?HB555 Claims made/ tail SB661 250000 non-economic cap, 250,000 underlying, PCF layer 500,000-750000. Future meds 2,000,000 HB826/SB320 constitution amendment for caps

    16. What has to be done?? Participate Follow the session Calls Emails Contacts Will Medicine will be divided?

    17. The future Change will happen! Who drives the change? What will we gain? What will we lose? Who will be the losers? Will there be caps? What will be capped?

    18. Information www.legis.state.la.us www.lsms.org www.lammico.com www.lapcf.state.la.us van@culotta.net

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