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Malpractice News
Insurance Department Commends Legislature For Passing Medical Malpractice Insurance Reform Bill
Enhanced reporting requirements will give more complete picture of industry
JEFFERSON CITY, MO – Missouri Department of Insurance Director Dale Finke offered his thanks today for the Missouri Legislature’s passage of a medical malpractice reform bill. House Bill 1837, sponsored by Representative Brian Yates of Lee’s Summit, will give the department better tools to monitor the stability of the medical malpractice insurance market in Missouri. It will increase data reporting to the department, an area that has been lacking for several years. Insurers will be required to file rates with the department prior to using the rates. Those rates will be examined by department personnel based upon Missouri loss experience only. The bill will also not allow medical malpractice insurers to increase rates by more than 15 percent without giving at least 60 days notice to their insureds. Insurers will no longer be able to refuse to renew a policy without giving 60 days notice, and will also prohibit insurers not issuing medical malpractice policies without first giving at least 180 days notice.
"The Missouri Legislature has proven their commitment to reform the medical malpractice industry here in Missouri," said department director Dale Finke. "This bill will give the department the tools it needs promote fair competition in this line of insurance."
The bill will also provide the department a measure of oversight over self-insureds and surplus lines insurers by requiring claims data be reported to the department as other medical malpractice insurers do. Self-insureds and surplus lines insurers will also be required to report to the department exposure and premium data. This will provide a more complete picture of the medical malpractice industry as a whole in the state of Missouri. Self-insureds and surplus lines insurers represent over 20 percent of the medical malpractice industry in this state.
About the Missouri Department of Insurance
The Missouri Department of Insurance is charged with the responsibility of consumer protection in the regulation of the insurance industry in Missouri. This includes financial examinations into the financial condition of insurance companies so that they are able to cover claims, market regulation examinations into the conduct of the insurance companies in their dealings with customers, licensing of qualified insurance producers, and a Consumer Affairs division that works to assist consumers with insurance-related complaints, and investigates insurance fraud. Agents numbering over 90,000 maintain licensure with the Department to transact insurance business in the state of Missouri. Each year, customer service representatives with the Department field tens of thousands of phone calls from consumers, providing assistance to Missouri residents who have questions/concerns regarding various aspects relating to insurance. For more information on services provided by the Missouri Department of Insurance, visit the Department’s website at insurance.mo.gov.
Patients die in hospitals and in care from negligence
Between 44,000 and 98,000 people die in hospitals annually each year due to preventable medical errors, the Institute of Medicine found.
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Definition:
The defendant must owe a legal duty to the victim, the defendant breached that duty, the breach was the cause of an injury to the victim, there must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery.
Assumption of risk
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In the law of negligence, as a defense, a defendant's allegation that the injured plaintiff recognized the danger of the plaintiff's course of action but, nonetheless, willingly chose to risk such danger.
Medical Treatment
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Lawsuits related to medical treatment are triggered by a number of causes, including failure to select the correct treatment or to monitor or follow up on the patient's condition.
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