County Line
Newsletter LVI September 2004
BALLOT
QUESTION ARGUMENTS: Yes on 3, No on 4, No on 5
Confidential
Morbidity Report Form Released
Clark County
Health District Disease Statistics - July 2004
By
Weldon (Don)
CCMS CEO &
Special Counsel
The Secretary of State selects, from those volunteering, two or three individuals to write a position paper in favor of a ballot question and a similar number of individuals to write an opposing position on the same ballot question. The deadline for volunteering to write in favor or in opposition to a ballot question was August 3rd. Selection of those writing a position was made on August 9th. Written arguments of the proponents and opponents of each ballot question are mailed to all registered voters before the early voting period of the general election.
Ballot Question 3
Ballot
question 3 is the KODIN (Keep Our Doctors in
Ballot
question 3 would change
The argument for ballot question 3 will be, in substance, as follows:
Physicians
continue to leave
The
Keep Our Doctors In
injured plaintiff over a scheduled period of time instead of all at once. Finally, KODIN sets a $350,000 limit on the
amount a medical malpractice plaintiff can recover for non-economic damages,
like "pain and suffering."
KODIN will help stabilize medical malpractice premiums-and help your
doctor stay in
According
to the AMA,
If
passed, this initiative will have no impact on the environment. There will be no fiscal impact on the state
budget. The health, safety, and welfare
of the public will be improved because physicians of all specialties will be
more likely to stay in

Source: www.ama-assn.org
Ballot Question 4
Ballot
question 4 is the Insurance Rate Reduction Act Initiative which would modify
the Nevada Constitution. To do so, this
Initiative must pass in 2004 and again in 2006.
For implications of the significance of passage of this Initiative please
refer to the last issue of the CCMS'
Writing in
favor of this Initiative are Carmen Cashman of
The argument against ballot question 4 will be, in substance, as follows:
Question
4 will not lower insurance rates. The
Even
though insurance rates would not be reduced, one part of this amendment would
continue to have constitutional authority.
Buried deep inside Question 4 is language intended to wipe out reforms
that were enacted to keep doctors in
The
purpose of Question 4 is clearly spelled out in a Nevada Trial Lawyers
Association letter dated March 8, 2004, which states they wrote this
Initiative, "…building a constitutional wall against (Question 3's medical
malpractice reforms for) this election…"
This
is a deceptive trick by personal injury lawyers. They know voters would not knowingly prohibit
reforms to limit frivolous lawsuits, so the lawyers stuck that provision into
this "insurance" question.
It
wasn't that long ago when trauma centers closed and doctors were leaving
High
malpractice insurance costs mean higher healthcare costs for everyone. Employers are forced to increase
out-of-pocket costs that their employees pay, while some drop coverage
altogether. Insurance for those who pay
for it themselves becomes unaffordable.
That's
what we can expect if the reforms passed by the legislature are repealed.
Question
4 also creates a huge new state bureaucracy.
Insurance companies are supposed to pay fees to support the new
bureaucrats, but nothing in Question 4 prevents them from passing on those
costs to consumers.
It
is wrong to clutter
Any mistakes or unintended
consequences of Question 4 will be locked into our constitution where not even
the governor or legislature can fix them.
Insurance
reform is not the real objective of the personal injury lawyers backing
Question 4. Killing common sense legal
reform is their objective. Stop personal
injury lawyers from using the
Ballot Question 5
Ballot
question 5 is the Stop Frivolous Lawsuits and Protect Your Rights Act. This is also a constitutional amendment which
would require passage by the voters in 2004 and again in 2006. Success of this Initiative would
constitutionally cap medical tort reform damages at those of A.B. 1 of the 2002
Special Session (current caps in Nevada) but would permit the legislature to
raise the damages dollar limitations or eliminate them altogether (so that
there would be no medical tort reform damages limitations in Nevada). Writing in favor of this Initiative are Carmen
Cashman of
The written argument opposing ballot question 5 will be, in substance:
Nearly
one-half of the money awarded in lawsuits goes to pay lawyers and legal
expenses. Question 5 locks this unfair
practice into the
Do
personal injury attorneys really expect voters to believe they paid to put
Question 5 on the ballot because it will limit frivolous lawsuits?
Question
5 does exactly the opposite. It
encourages frivolous lawsuits because it adds a provision to the constitution
that only cases determined to be 100% frivolous are subject to sanctions. A lawyer cannot be sanctioned for filing a
lawsuit that is only 95% frivolous.
Isn't
it just like the personal injury lawyers to write something that does the
opposite of what they claim?
Here
are the facts about Question 5:
Legal
fees and jury awards have driven the cost of malpractice insurance in
Higher
medical malpractice costs mean higher healthcare costs for everyone. Fewer employers will be able to provide
healthcare coverage to their employees; out-of-pocket costs for employees
increase; fewer people will be able to afford coverage for themselves.
What's the real reason personal injury attorneys put
Question 5 on the ballot? In 2002, the
state legislature capped the fees that attorneys can collect in medical
malpractice cases. To make certain their
hefty fees are never limited, personal injury lawyers qualified Question 5 for
the ballot.
Question
5 also prohibits judges from reducing grossly inflated jury awards or
attorneys' fees. Remember the woman who
sued McDonalds after spilling coffee in her lap? If Question 5 becomes part of our
constitution, there would be nothing a judge could do to reduce outrageous
awards or excessive attorneys' fees. If
Question 5 becomes part of our constitution, lawyers can walk away with more
money than the person for whom the award was intended.
Lawsuits
already cost each and every Nevadan $809 per year. Question 5 will result in
fewer doctors, higher healthcare costs, less access to healthcare, more
lawsuits and higher attorney fees. It
has no place in the
For most voters, the only information they will receive regarding the merits, or lack of merits, of any particular ballot question will be these written materials. Health care providers should be aware of the importance of passing ballot question 3, and should be able to articulate to others why ballot questions 4 and 5 should receive a "no" vote. (The text of fact sheets on Ballot Questions 4 and 5 from www.no4and5.org follows.)
Personal injury lawyers want voters to believe Question 4
will reduce insurance rates. In fact, this is a cynical attempt to manipulate
voters into unwittingly undoing medical malpractice reforms that are needed to
keep doctors practicing in
ü
Fact: Question 4 contains a
"poison pill" buried deep within that seeks to void
ü
Fact: Question 4 offers voters the false promise of rate reduction without
reducing the cost of any of the things insurance pays for. This is voodoo
economics at its worst.
ü
Fact:
ü
Fact: While claiming to reduce auto insurance rates for drivers, the measure
may actually result in higher rates since it guarantees insurance companies a
rate of return to be determined after the measure is enacted.
ü
Fact: Under Question 4, a driver could have a dozen at fault property damage
accidents and an insurer would not only be prohibited from canceling that
drivers' coverage, the person would be entitled to a good driver discount.
ü
Fact:
ü
Fact: After adopting this type of regulatory scheme, the budget and size of
ü
Fact: The trend in insurance regulation across the country is to modernize
regulations to increase competition and choice for consumers. Question 4 will
encourage insurers to leave
ü
Fact: These rate "rollbacks" will force many
carriers to reevaluate whether they can continue selling insurance in
ü
Fact: The lawyers' provision to "stop frivolous lawsuits" is
toothless. It allows a judge to sanction a lawyer for filing a frivolous
lawsuit or motion only if the judge finds the lawyer's action to be
"solely" to harass the opposing party or seek economic gain unrelated
to the merits. If a lawsuit is 99% frivolous, the lawyer cannot be sanctioned
under this initiative. Further, because it applies to both prosecuting and
defending an action, this measure is more likely to be used as a club against
defense attorneys who vigorously battle against frivolous lawsuits.
ü
Fact: The real purpose of Question 5 is to protect the pocketbooks of
personal injury lawyers so they never have their fees limited or have excessive
awards (like the McDonalds coffee case) reduced.
ü
Fact: Question 5 prohibits the legislature from ever passing limitations on
skyrocketing jury awards that drive up prices for everyone, damage local
municipalities and drive companies out of state.
ü
Fact: The legislature could never enact laws to cap punitive damages, require
that they go to the state or even that they bear a relationship to the harm
that was caused.
ü
Fact: Similarly, the legislature could never extend existing limitations on
damages in medical malpractice cases to other types of cases.
ü
Fact: Question 5 also prohibits the legislature from enacting laws to limit
how much money lawyers extract from lawsuits or require
that they fully disclose their fees and tell clients specifically how much time
they actually worked on the case.
ü
Fact: Judges would also be prohibited from reducing an attorney's fee even if
it was grossly inflated or shocked the conscience of the judge.
ü
Fact: Question 5 would remove a judge's discretion to reduce an outrageous
jury verdict that is not supported by the evidence.
ü
Fact: Judges would lose their ability to order new trials when a jury reaches
a verdict that is not supported by the evidence.
Source: http://www.no4and5.org/
Clark County District Court
Medical Malpractice Filings Against Health Care
Providers, Jan 2001 - Jul 2004 2001 2002 2003 2004
Jan 39 33 109 50
Feb 20 14 88 68
Mar 35 30 148 104
Apr 37 34 101 74
May 37 35 108 48
Jun 27 24 98 77
Aug 54 51 63
Oct 37 83 114
Nov 38 184 50
Sum 372 823 1116
By Michael P
Colletti, M.D., 2004-2005 CCMS President
The summer is nearly over.
In the last month, MEDPAC met
twice to interview candidates for the Nevada State Assembly and Senate. We endorsed and financially supported
several and will make further endorsements and contributions after the upcoming
primary elections. The interviewing
processing is very interesting and informative. The candidates greatly differ in their
backgrounds and reasons for seeking office.
There is also wide variability in their knowledge and interest in the
current health care battles and physician frustrations in
We sent out our "fax broadcast" to all the doctors
and offices available to us last month regarding distributing literature about
Question # 3 (KODIN). The response was
very good as several offices requested packets of information to provide to
their patients. Patients/voters are very
interested in improving the quality of their medical care and they certainly
don't want to see it continue to erode as it has done in the last few
years. They know some of their
physicians have already left
We are continuing to work on the nursing shortage and are active in the Southern Nevada Medical Industry Coalition (SNMIC). The quality and quantity of nursing student applicants has greatly increased. The next "bottleneck" in the education process is finding enough nursing teachers. Our committee meets again on August 9th.
Congratulations and Welcome to the
·
Saul Ruben, MD, Diagnostic Radiology,
· Anthony P Shaya, MD, Ob-Gyn, 10170 S Eastern Ave #160, Henderson, NV 89052
Reinstated Members
·
James Barber, MD, Gynecology, 10170 S Eastern
Ave #160,
· John G Martinez, MD, General Surgery, 2040 W Charleston Blvd #400, Las Vegas, NV 89102
· Michael D Schlachter, MD, Internal Medicine, 653 N Town Center Dr #202, Las Vegas, NV 89144
Status Changes
· David Charles, MD, Pediatrics - Retired
· David J Christensen, MD, Internal Med. - Retired
· Dennis Gordon, MD, Orthopaedics - Active Ltd.
CORRECTION: The
August County Line included an incorrect address for Dr. Robert C Gutierrez,
MD. His correct address is
If you have any pertinent information about the following membership candidates, please contact:
· Allister D Arnold, MD, Diagnostic Radiology
· Jonathan W Bold, MD, Diagnostic Radiology
· Constantine N Chienku, MD, Pediatrics
· Paul M Derber, MD, Internal Medicine
· Galen B Hewell, MD, Diagnostic Radiology
·
Quynh V
· David J Oliveri, MD, Physical Medicine/Rehabilitation
· Christopher Rhee, MD, Pediatric Gastroenterology
· Michael G Scheidler, MD, Pediatric Surgery
·
For information on becoming a member of the Clark County Medical Society, call Marlaina Burns at 739-9989
By Donald S. Kwalick, MD, MPH
Clark County Health District, Washoe County Health District and Nevada State Health Division representatives held a series of meetings to develop a new "Confidential Morbidity Report Form." This comprehensive form will help to ensure consistent reporting statewide and aid our efforts to track and investigate communicable diseases in our community.
The cooperation and participation of health care providers is essential to this endeavor. If you have questions or comments regarding the new form, please contact our Office of Epidemiology at 759-1300.
(A copy of this form follows on page 14.)

By Marian Haas and
Kathie Slaughter, CCMS Alliance Co-Presidents
We invite
all members and interested potential members to join us for some great
activities. First, there will be a
Newcomer’s Brunch in which anyone new to the community or just new to our
organization is invited to attend. You
can meet our board members and other newcomers in an informal casual
setting. We will have information there
about the
You are also
invited to our first luncheon, which will be held on Tuesday, September 21, at
Then please join us for a wonderful year of activities. Our luncheons will be held on the third Tuesday of the month. There will also be meetings of many small interest groups, such as Book Club, Mommy and Me Playgroup, and others we hope to form. We will be supporting Child Focus and the CASA Foundation, charities in the community that provide assistance for foster children, through our two major fundraisers, the Greeting Card Project in the fall and the Fashion Show in the spring.
We are looking forward to seeing old friends and making new ones. If you wish to join us, please contact Wendy Agrawal @ 228-6360, Swati Khamamkar @242-8542, Marian Haas @838-9840, or Kathie Slaughter @ 878-4981. You may also get information from the Clark County Medical Society @ 739-9989.
Tuesday,
(Members can receive a full copy of meeting minutes by calling 739-9989.)
The minutes
from the meeting on
Dr. Steinberg reported the end of the fiscal year financial report. The revenue received for the entire fiscal year exceeded the budgeted revenue. The expenses were slightly higher than the expenses last year. The financial report was approved unanimously.
In Dr. Cohler's absence, Marlaina Burns announced the reinstatements of the following members: Robert C. Gutierrez, MD; Mark L. Winkler, MD; David G. Browne, MD; and Lisa D. Gamino, MD. The following applicants were approved for active membership: Saul Ruben, MD, Diagnostic Radiology, and Anthony P. Shaya, MD, Ob-Gyn.
Marlaina stated the active paid members at this time was 755, which does not include the dues exempt members. She also reported 23 had been resigned for non-payment of dues, compared to 103 resigned in 2003. Dr. Colletti revised the letter for those 23 members, asking them to remit their dues and remain current. Dr. Lenhart stated he will work with Marlaina Burns in soliciting new membership from those UNSOM residents and full-time faculty physicians who are not currently CCMS members.
Kathie
Slaughter stated Annette Mohs, the Legislative
Chairperson for the State and
County Health District Report
Dr. Kwalick was unable to attend but sent a report.
UNSOM Report
Dr. Lenhart introduced the new Dean of the Nevada School of Medicine, Dr. John McDonald.
NSMA Report
Dr. Evins stated the First Health computer crossover with Medicare is in such a mess that CMS has decided not to do anything with it until after October 1. He also reported that the AMA pledged to give NSMA $100,000 to help with the Initiatives with the condition that NSMA attempt to increase AMA membership by 25%.
AMA Report
Dr. Lynn Horne was unable to attend but sent a report.
MedPac
Dr. Steinberg stated eleven candidates were interviewed the previous night by 7 MedPac Directors. MedPac members were encouraged to participate in future interviews.
KODIN Update
Dr. Kingsley stated physicians who are considered to be leaders in their respective specialties are being asked to give money to KODIN. Dr. Colletti directed staff to fax broadcast a message to all of the fax numbers reminding physicians to call for "Vote Yes on 3" kits.
President's Report
Dr. Colletti sought and received approval of the list of committee members and their chairs for the year.
Administrative Report
Dr. Havins attended a hearing in
Dr. Kingsley moved to have CCMS write a letter of support to name a public school in honor of Dr. Otto Ravenholt. The motion was seconded and passed unanimously.
The board voted to decline the offer of accepting the credentialing files from the Nevada Medical Credentialing Service, which is going out of business.
Dr. Malcolm
Poon requested another year of "Leave of
Absence" membership status because he is going back and forth between here
and
Dr. Evins asked the Board to consider NSMA's request for CCMS to sponsor a debate between Senator Ray Rawson and Assemblyman Bob Beers. The Board decided against sponsoring a debate.
The next
Executive Council meeting is scheduled for Tuesday night,
There being
no further business, the meeting was adjourned at
·
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OFFICE SPACE: 2615 s.f., 5 Exam Rooms, 2
Restrooms, 2 Offices, X-ray Room, File Storage, Lunch Room, Open Area.
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SPACE AVAILABLE FOR SUBLET: Monday, Wednesday Afternoon, and/or all day
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Cardiovascular
Consultants 691-9154
9/11 - “Management of Acute Pain in Patients Susceptible to
Drug Dependence,”
9/29 - “Artificial Reproductive Technology: Ethical Issues
and the Law,”
10/2* - “Hospice and Palliative Medicine- What is it?”
10/13 - “Current Trends in Cosmetic Surgery and Other
Cosmetic Procedures,”
HealthInsight
(801) 892-0155
Rios Associates (520) 907-3318
9/10-13 - “Intensive Conversational Medical Spanish -
Culture,” 43 CME hours
Southwest Medical
Associates 242-7735
9/9 - “Tuberculosis Update,”
10/14 - “Rheumatology Update,”
UMC 383-2604
9/14 - “General Care of the Congestive Heart Failure
Patient,”
9/28 - “Diagnosis of Abdominal Pain in the Office Setting,”