Tag Archives: Malpractice – Asset Protection

2012 PA MCARE Assessment = 23%

The Insurance Department has determined that the annual assessment to be levied for calendar year 2012 shall be 23% applied to the prevailing primary premium for each participating health care provider. The total assessment cost for 2012 will be $203,824,513. This amount is $26,741,075 more than what was collected form the 2011 assessment to cover claims, … Continue Reading

Oregon State Appeals Court Upholds Constitutionality of Ban on Economic Damages

In Klutschkowski v. PeaceHealth, the Oregon Court of Appeals held that Oregon’s statutory cap on non-economic damages does not violate the state’s constitution remedy and jury trial clauses in an action brought to recover injuries sustained during child birth. Oregon law provides, with certain exceptions, “in any civil action seeking damages arising out of bodily…the amount … Continue Reading

CBO Projects Minimal Impact of Tort Reform

One component of the ongoing health care reform debate is the cry for tort reform. While tort reform would certainly be welcome in the health care industry, the need for tort reform is more an issue of justice than controlling health care costs. The Congressional Budget Office (CBO) and the Congressional Research Service provided a report (Medical … Continue Reading

PA 2010 MCare Assessment = 21%

The Pennsylvania Insurance Department published a notice in the Saturday October 24, 2009 PA Bulletin announcing the 2010 MCare assessment to be 21% of the “prevailing primary premium,” which is the Joint Underwriting Association’s (JUA) occurrence rate.  … Continue Reading

An Estate Plan Built for Special Needs

 The Wall Street Journal published an insightful article on Special Needs Planning in its Family Finances Section on October 9, 2008."An Estate Plan Built for Special Needs" highlights the emotional and financial challenges facing parents with special needs children and commonly employed planning methods. Special Needs Planning  and Special Needs Trusts are not limited to … Continue Reading

Texas Reports Drop in Malpractice Premiums Due to Tort Reform With Damage Caps

  Damage cap credited for drop in Texas malpractice premiums BY CHRIS RIZO AUSTIN, Texas (Legal Newsline)-Thanks to a tort reform law in Texas, physicians in the Lone Star State will have reduced liability premiums, officials said this week. The board of the Texas Medical Liability Trust recently approved an average rate reduction of 4.7 … Continue Reading

What is the Impact of Professional Society Expert Witness Standards?

There have been two recent developments regarding the enforcement of expert witness standards, one enforcing standards by a society and one declining to enforce the standards in a private defamation action. The American Academy of Orthopaedic Surgeons suspended one member and censored another for violating the Standards of Professionalism (SOPs) on orthopaedic expert witness testimony. The … Continue Reading

MCARE – Laymans Language

Henry Butler, M.D. asks what the PA  MCARE report means in laymen’s language. Although the surchaerges are decreasing, the unfunded liability is $2.33 and rising!  Physician migration from PA  appears to have remain unchanged during the program. PA desires to end the program and encourage privitization of the excess or second layer of covergage. Worthy … Continue Reading

Pennsylvania Extends MCARE Abatements Through 2007

On October 27, 2006, Pennsylvania Governor Edward Rendell signed Senate Bill 972, extending the MCARE malpractice subsidy through 2007. Physicians who are eligible for 100% abatement of their assessments are surgeons, neurosurgeons, orthopedic surgeons, obstetricians, emergency physicians, rural doctors who routinely deliver babies, certified nurse-midwives, and nursing homes. All other physicians and podiatrists are eligible for an … Continue Reading


Further progress towards malpractice or tort reform was delayed, perhaps permanently, by the failure of the Senate to approve cloture. The Medical Care Access Protection Act of 2006 (S. 22) and the Healthy Mothers and Healthy Babies Access to Care Act (S. 23), both sponsored by Republicans and both of which would impose limits on … Continue Reading

2006 MCARE Surcharge

The Pennsylvania Insurance Department announced on October 31, 2005 that the 2006 MCARE assessment will be 29% of the primary prevailing premium. Earlier in the week, Pennsylvania Governor Ed Rendell promised extending the MCARE abatement program for 2 more years.… Continue Reading

Malpractice Cases Not Reported

Several hundred medical malpractice cases settled or adjudicated by the Department of Health and Human Services between 1997 and 2004 were not reported to a national repository of provider data, the HHS Office of Inspector General said in report released Oct. 19.… Continue Reading