Newsletter LXI February 2005
Lowering Professional Liability Insurance Premiums?
Malpractice Filings Against Health Care Providers, Jan 2001 – Dec 2004
CCHD Report: Influenza season provides opportunities and challenges
HealthInsight: Nevada Seniors Need a Pneumococcal Shot
Clark County Health District Disease Statistics – December 2004
By
Weldon (Don)
On
Three
provisions in Question 3 specifically apply only if the cause of action accrued
after the date of implementation of the initiative (
1. A single $350,000 cap on noneconomic damages applies per
injury or death when the alleged negligent conduct causing the injury occurred
(accrued) on or after
2. The statute
of limitations for a cause of action accruing prior to October 1, 2002,
two years from the date of discovery of the negligent injury to a maximum of
four years (certain exceptions apply - see NRS 41A.097), permits a lawsuit
alleging health care professional negligence to be filed, with no cap on noneconomic damages, until September 30, 2006. Should the cause of action have accrued on or
after
3. "Deep pocket" Joint Liability is eliminated only for a cause of action
accruing on or after
For a cause
of action accruing before this date, but on or after October 1, 2002, Several
Liability applies only to noneconomic damages, and
then only if the physician or dentist maintains a 1 million/3 million dollar
professional liability insurance policy.
Note that for health care providers other than physicians and dentists,
no limitations on noneconomic damages apply for a
cause of action accruing on or before
For a cause
of action accruing before
The Keep
Our Doctors In Nevada initiative does not specify the
date of applicability of the other provisions voted into law by the people in
the last general election,
A court
could find that the limitation on
attorney contingency fees applies to any award or settlement occurring
after
Similarly,
the collateral source rule
elimination in professional negligence actions against health care providers
awaits a definite date of application by the Nevada Supreme Court. The Court could determine that evidence of
collateral payments to the plaintiff may be introduced into evidence only if
the cause of action accrued on or after
The wording
of the collateral source rule provision mimics exactly the same provision in
While
The Effect of Medical Liability Reform on Medical
Professional Liability Insurance (PLI) Premiums
For several
years before the implementation of medical liability reform adopted in the 2002
Special Session of the Legislature insurance premiums increased at an
unprecedented rate. After the
implementation of A.B. 1, most insurers raised premiums at annual double digit
rates. No new PLI insurers entered the
state and three additional PLI insurers ceased writing business in
At least
part of the problem was A.B. 1's elimination, effective
Harkening
back to PLI insurers' testimony "under oath" given to the Insurance
Commissioner at a crowded public hearing in March 2002, the Keep Our Doctors In
Nevada initiative was written in September 2002. PLI insurers at the March 2002 meeting
testified that California-style MICRA medical liability reform would lower
premiums in
The
The graph
below demonstrates that

What does
this imply for Nevada PLI insurance premiums?
Don't expect any sudden, precipitous drop in PLI insurance
premiums.
Of
interest, on
One day, the Nevada Supreme Court will rule on the constitutionality of our $350,000 noneconomic damages limitation.
Endnote
NRS
422.29302 Recovery of benefits paid for
Medicaid: Powers and duties of Department; claim against estate of recipient;
regulations; distribution of money recovered; payment in cash.
1.
Except as otherwise provided in this section and to the extent it is not
prohibited by federal law and when circumstances allow, the Department shall recover benefits correctly paid for Medicaid from:
(a) The undivided estate
of the person who received those benefits; and
(b) Any recipient of money or property from the undivided estate of the
person who received those benefits.
2.
The Department shall not recover benefits pursuant to subsection 1,
except from a person who is neither a surviving spouse nor a child, until after
the death of the surviving spouse, if any, and only at a time when the person
who received the benefits has no surviving child who is under 21 years of age,
blind or disabled.
3.
Except as otherwise provided by federal law, if a transfer of real or
personal property by a recipient of Medicaid is made for less than fair market
value, the Department may pursue any remedy available pursuant to chapter 112
of NRS with respect to the transfer.
4.
The amount of Medicaid
paid to or on behalf of a person is a claim against the estate in any probate
proceeding only at a time when there is no surviving spouse or surviving child
who is under 21 years of age, blind or disabled.
5. The Director may elect not to file a claim
against the estate of a recipient of Medicaid or his spouse if the Director
determines that the filing of the claim will cause an undue hardship for the
spouse or other survivors of the recipient. The Director shall adopt
regulations defining the circumstances that constitute an undue hardship.
6. Any recovery of money obtained pursuant to
this section must be applied first to the cost of recovering the money. Any
remaining money must be divided among the Federal Government, the Department
and the county in the proportion that the amount of assistance each contributed
to the recipient bears to the total amount of the assistance contributed.
7.
Any recovery by the Department from the undivided estate of a recipient
pursuant to this section must be paid in cash to the extent of:
(a) The amount of Medicaid paid to or on behalf of the
recipient after
(b) The value of the remaining assets in the undivided
estate,
whichever is less.
(Added to NRS by 1993, 917; A 1995, 2566;
1997, 1240, 2237, 2626; 1999, 581, 877, 2242; 2001, 158; 2003, 874)-(Substituted in revision for NRS 422.2935)
Clark County District Court Medical
Malpractice Filings Against Health Care
Providers, Jan 2001 – Dec 2004 2001 2002 2003 2004
Jan 39 33 108 61
Feb 20 14 98 72
Mar 35 30 169 123
Apr 37 34 111 81
May 37 35 126 65
Jun 27 24 103 90
Aug 54 51 76 67
Oct 37 83 110 59
Nov 38 184 59 78
Sum 372 823 1246 867
By Michael P. Colletti,
M.D., 2004-2005
As many of you know, as a consequence of the Special Session held in July 2002, the Medical/Dental Screening Panel (MDSP) was abolished. In retrospect, this was a major mistake. There was a feeling of several physicians, including myself, that the Panel was ineffectual. It was viewed as a delay tactic because of the shortage of manpower (doctors and attorneys) to review cases in a timely manner. The panel was also flawed in that there was "no probable malpractice" found in 52% of the cases but 50% of those cases proceeded to district court. It appeared that the panel had little effect. As you know, AB1 was passed by the legislature providing some improvement in the medical malpractice law suit arena and the Medical/Dental Screening Panel was "bargained away" in the process. This prompted the peoples' initiative KODIN- Keep Our Doctors In Nevada which passed with a mandate during last election, thus superceding the changes effected by AB1.
After the Medical/Dental Screening Panel was eliminated, there was a flood of medical malpractice law suits. In the year 2001, there were 372 suits filed against health care providers. By the end of 2002, after the Medical/Dental Screening Panel was eliminated, the number jumped to 823. In 2003, the number climbed even higher to 1246 and through December of 2004, 867 suits were filed.
It was a major mistake to eliminate the screening panel. The panel should have been kept in place with modifications to make it more efficient and meaningful. The Legislators can correct this situation during the next legislative session that starts this February. We have supported many legislators, but there are still many pro-attorney legislators in key positions.
The Clark County Medical Society will strongly support re-institution of the Medical/Dental Screening Panel. We propose the panels be overseen by administrative law judges knowledgeable in medical malpractice. We also recommend the doctors and lawyers serving on these panels do so during the day, rather than at night, and there also be monetary compensation for their time. A pool of physicians and lawyers, perhaps some who are working part time or are retired, would be excellent candidates to serve on these panels.
It is time for us to identify which
legislators are going to be against re-instituting the Medical/Dental Screening
Panel. Re-instituting the panel will be a positive force in attracting high
quality physicians to
If you have any pertinent information about the following membership candidates, please contact:
· Shahrokh Assemi, MD, Diagnostic Radiology
· Genghis N Portillo, MD, Anesthesiology
For information on becoming a member of the Clark County Medical Society, call Marlaina Burns at 739-9989
· Candice Tung, MD, Internal Medicine
· James Hogan, MD, Family Practice
By Donald S. Kwalick, MD, MPH
Public health and health care
workers once again faced another challenging flu season when the Department of
Health and Human Services announced nearly half of the expected supply of
influenza vaccine would not be distributed due to manufacturing problems at one
of the two providers of vaccine for the
Fortunately, flu activity at the
local and national levels was low during October through early November. Clark
County Health District syndromic and sentinel site
surveillance programs identified increases of influenza-like illness (
The initial shortage of influenza
vaccine caused the health district to cancel a mass vaccination drill planned
for mid-October. When vaccine supplies arrived, staff seized this real-life
opportunity to drill on mass vaccination capabilities the first day of the flu
clinics,
The overarching objectives of the drill were to demonstrate the ability to design a mass immunization/prophylaxis clinic, utilize volunteers and the Medical Reserve Corps, and effectively inform the public of the clinic and vaccine availability.
The results of the exercise
demonstrated the clinic design provided optimal patient flow and will be
duplicated during future drills or real-life events. In the course of the nine
hour exercise, 3,376 people were immunized. Client flow averaged more than 350
per hour, while allowing for an adequate degree of surge capacity (443 clients
were vaccinated between the hours of
Based on the success of the exercise the clinic model was maintained in the days following the exercise as staff continued to immunize more than a thousand people each day. During the first four days of flu clinics our nursing staff administered shots to more than 11,000 high-risk individuals, sustaining an average of more than 300 clients per hour.
If an extreme situation were to occur, a clinic staffed with approximately 100 medical and non-medical personnel would be able to provide prophylaxis to 24,000 people in 48 hours. It would require more than 50 clinics, fully staffed and based on two 12-hour work shifts, to vaccinate the entire population of Clark County in that same timeframe. These facts illustrate the need to have an active and prepared cache of medical volunteers as members of the Clark County Medical Reserve Corps.
The shortage of flu vaccine also served to place emphasis on the need to modernize flu vaccine manufacturing procedures and to create incentives and limit liability for the development and production of vaccines for emerging and resurging infections. It is imperative this challenge be met if we are to be prepared for a possible influenza pandemic. In the meantime, the health district will continue with planning and preparedness activities in order to ensure an effective response to any future public health crises we may face.
Tuesday,
Minutes Synopsis
Dr. Colletti congratulated every one on the success of passing Initiative #3 (KODIN) and defeating questions 4 and 5. Dr. Colletti directed staff to remove Goal #5 from the BOT Agenda due to the accomplishment.
The minutes from the October BOT meeting were approved unanimously.
Financial Report
Dr. Steinberg reported a large dues check was received in October. The revenue was more year-to-date compared to last year. Expenses are up compared to last year at this time.
MedPac
Dr. Steinberg reported out of the 25 races MedPac supported, 18 candidates prevailed.
Credentials Committee
The following 16 physicians were unanimously approved for active membership: Richard A. Byrd, MD, Anesthesiology; Garland A. Cowan, MD, Anesthesiology; Neel V. Dhudshia, MD, General Surgery; J. Marlow Fenn, MD, Anesthesiology; James S. Forage, MD, Neurosurgery; John T. Goodsell, DO, Anesthesiology; Mark B. Heinonen, MD, Anesthesiology, Stuart S. Kaplan, MD, Neurosurgery; Aloysius N. Lwin, MD, Anesthesiology; Gregory R. McGovern, MD, Anesthesiology; David A. McRae, MD, Anesthesiology; Michael Messina, MD, Anesthesiology; Rosendo (Don) F. Mortero, MD, Anesthesiology; Mostafa I.I. Sheta, MD, Family Practice; Donald P. Wingard, MD, Family Practice; and Michael G. Wood, MD, Cardiovascular Surgery.
Membership Report
Dr. Kline reported there were more
dues paid members this month compared to last year at this time. Dr. Kline updated the Board on his contacts
with the hospitals regarding waiving re-credentialing fees for
Community Health/Community Relations Committee
Dr. Jameson reported the special session interfered with attendance of interns for the mini-internship program (nine interns participated). Dr. Jameson reported her committee is working on development of a Speaker's Bureau and continues to develop ideas to improve the image of physicians in the community.
President's Report
Dr. Colletti
presented Annette Mohs, Alliance Legislative
Chairperson, with the President's Award in recognition of her outstanding
effort in achieving landmark legislation for the people of
CME Committee
Dr. Evins reported his Committee met to develop a 2005-06 Needs Assessment Survey. The programs will be scheduled after assessing which programs engendered the most interest from the survey.
Presentation by David Slattery, MD and Paul Bailey from FEMA
Dr. Slattery presented an overview
on the national response team using slides from the
Marian Haas encouraged Board members
to participate in the
Health District Report
Dr. Don Kwalick sent a report on various issues involving the Clark County Health District.
Scholarship Report
Dr. Colletti expressed his desire to give out more scholarships to nursing and medical students and asked Dot Freel to set up a meeting of the Scholarship Fund Directors.
NSMA Report
Dr. Evins reported the Executive Committee will meet every week during the legislature to discuss pending legislation and to make decisions on most effective use of lobbying assets.
AMA Report
Dr. Evins stated both Dr. Horne and Dr. Nelson will be attending the AMA meeting in December.
NBME Report
Dr. Havins reported he spoke to Tony
Clark, Executive Secretary of the NBME, regarding
New Business
Dr. Colletti announced the passing of member Dr. John Andrewjeski.
There being no further business, the
meeting was adjourned at
New
By Kristen T. Boucher, BSN, RN, CMC, HealthInsight
In response to current efforts to
redistribute the influenza vaccine, HealthInsight,
Medicare's Quality Improvement Organization (QIO) in
"Pneumococcal
disease is a common bacterial infection that can be a complication of
influenza, especially in older adults" said Robert Shreck, M.D., Senior
Medical Director at HealthInsight. "Medicare claims data suggest 70.3
percent of
Pneumococcal
pneumonia kills more people every year than all other vaccine preventable
diseases combined, according to the Centers for Disease Control and
Prevention. Almost 353
"Plenty of pneumococcal
vaccine is available," Dr. Shreck said.
"
Unlike the influenza vaccination, Dr. Shreck said that most seniors 65 and older need only one pneumococcal vaccination in their lifetime; a booster shot may be required for those who received their shot before the age of 65.
"With the influenza vaccine
redistribution under way, it is even more critical that
In light of the influenza vaccine redistribution, HealthInsight reminds healthcare providers to offer influenza vaccination only to those deemed high-risk by the Advisory Committee on Immunization Practices (ACIP).
The following priority groups for vaccination with inactivated influenza vaccine this season are considered to be of equal importance and include:
· All children aged 6-23 months;
· Adults aged 65 years and older;
· Persons aged 2-64 years with underlying chronic medical conditions;
· All women who will be pregnant during the influenza season;
· Residents of nursing homes and long-term care facilities;
· Children aged 6 months-18 years on chronic aspirin therapy;
· Healthcare workers involved in direct patient care; and
· Out-of-home caregivers and household contacts of children aged less than 6 months.
For more information on the pneumococcal shot, see: http://www.cdc.gov/nip/publications/VIS/vis-ppv.pdf.
By Marian Haas and
Kathie Slaughter, 2004-2005
This new year got off to a wonderful start with our Brunch at Nordstrom. We had a wonderful brunch buffet served inside the store with presentations on fashion accessorizing and make up and then had the remainder of the morning to shop. We saw many members who have difficulty in attending luncheons welcome a morning activity.
For
February we are continuing the idea of doing different events by having a
dinner event at Café Bleu. This is a new
cooking school, Le Cordon Bleu College of Culinary Arts, in Summerlin. The event is planned for February 15 with
cocktails at
We are
looking forward to the Fashion Show Fundraiser, which will be held on March
15th at Neiman Marcus in the Fashion Show Mall.
This event will benefit the CASA Foundation, and Child Focus, two
wonderful organizations that provide for the needs of foster children in
We are continuing our support of Child Haven, the emergency shelter that provides temporary care for neglected, abused, or abandoned children, with donations of clothing, toys and gift certificates. So far we have collected over 166 items! We plan to continue collecting items that will be used for Birthday and special awards to the children of Child Haven.
Our April Luncheon will be in the home of April Stewart. This will be the time for our election of officers for our 2005-2006 board. Our nominating committee, chaired by our Past President Annette Mohs will be calling on members to volunteer for these positions. If you would be willing to consider a position on the board, please contact Annette @ 248-9624.
MLAN 364-4962
4/2 - “Risk Management & Ethics Program,”
Southwest Medical
Associates 242-7735
2/10 - “Cardiology Update”
3/10 - “Men’s Health: Sexual Dysfunction in the Elderly”
4/14 - “GI Malignancies: Screening and Surveillance”
2/5 - “Bioterrorism and Weapons of Mass Destruction
Training,”
2/12 - “Medical Ethics of Pain Management,”
3/12 - “Bioterrorism and Weapons of Mass Destruction
Training,”
3/26 - “Bioterrorism and Weapons of Mass Destruction
Training,”
2/1 - “Wilson’s Disease,”
2/10 - “Multidisciplinary Breast Conference,”
2/15 - “Care of the Caregiver,”
UMC 383-2604
2/12 - “Weapons of Mass Destruction & Ethical Issues,”
3/19 - “Weapons of Mass Destruction & Ethical Issues,”
4/9 - “Weapons of Mass Destruction & Ethical Issues,”
2/8 - “Current Points in Ophthalmology,”
2/22 - “Outcome of Questions 3, 4 and 5: What Will it Mean
for the Future of Medicine in
3/8 - “Update on COPD,”
To have your CME courses listed on our calendar,
contact
DISEASE CASES
REPORTED YEAR TO DATE
Dec 2003 Dec 2004 2003 2004
VACCINE PREVENTABLE DISEASES
DIPTHERIA 0 0 0 0
HAEMOPHILUS
INFLUENZA 0 0 8 7
(invasive)
HEPATITIS A 2 1 17 7
HEPATITIS B 3 6 62 53
INFLUENZA 159 5 207 58
MEASLES 0 0 0 0
MUMPS 0 0 2 0
PERTUSSIS 0 6 22 16
POLIOMYELITIS 0 0 0 0
RUBELLA 0 0 0 0
TETANUS 0 0 0 0
SEXUALLY TRANSMITTED DISEASES**
CHLAMYDIA 413 682 4718 5092
GONORRHEA 235 357 2084 2610
SYPHILIS
(Early Latent) 1 3 20 14
SYPHILIS
(Primary & Secondary)0 4 8 38
ENTERICS
AMEBIASIS 1 1 17 13
BOTULISM-INTESTINAL
0 0 1 0
(INFANT)
CAMPYLOBACTERIOSIS 10 17 103 101
CHOLERA 0 0 0 0
CRYPTOSPORIDIOSIS 0 0 5 2
E. COLI
O157:H7 0 0 17 20
GIARDIA 5 9 94 74
ROTAVIRUS 50 78 442 663
SALMONELLOSIS 11 19 121 129
SHIGELLOSIS 4 13 53 64
TYPHOID
FEVER 0 0 0 1
VIBRIO 0 0