 |
|
 |
 |
Effects of cap on suits not yet felt
Medical community relaxes slightly, and lawyers accept fewer malpractice cases
By Beth Cross/Caller-Times
Four months after Proposition 12 was passed, one major medical malpractice insurance provider has lowered its rates, but local doctors say with a backlog of lawsuits still in queue, not enough time has passed to feel the legislation’s possible effects.
Nueces County voted 65 percent in favor of Proposition 12, which allows the Legislature to cap non-economic damages such as pain and suffering in medical malpractice cases. It also says the Legislature may limit awards in other types of cases after Jan. 1, 2005.
The Texas Medical Liability Trust responded Jan. 1, cutting medical malpractice rates by 12 percent.
Family practitioner Dr. George Benavidez is not covered by TMLT. He said that while his insurance rates are higher than three and five and years ago, they still are lower than last year.
"This last time, the private group gave us a reasonable quote," he said.
Dr. Christine Canterbury, an obstetrician and gynecologist, does not renew her insurance until March, but said other changes have occurred at her practice at the Corpus Christi Women’s Clinic.
"People in my office were going to stop delivering babies if Proposition 12 didn’t pass, but now they are still delivering," Canterbury said. "It gives you some peace to know that someone won’t come along and sue you for $50 million."
Peace may be some of the reason why Dr. Mark Geneser is keeping his practice as well. He and his wife had a two-year plan to leave the city if Proposition 12 didn’t pass, but now they are staying.
"I’m staying, or doing what I can to stay," he said. "That’s depending on if I’m named in another suit."
In November, Texas Department of Insurance Commissioner Jose Montemayor, rejected a rate hike from the Joint Underwriting Association. The JUA filed for a 35.2 percent increase for physicians and surgeons and a 67.9 percent increase for hospitals and other institutional health care providers.
Since then, the Texas Department of Insurance has received commitments from a few insurance providers expressing interest in returning to the state, said Jim Hurley, TDI spokesman.
Limiting non-economic damage awards in medical liability lawsuits to $250,000 per doctor and $500,000 per institution per case will hurt business for some attorneys here.
Attorney William D. Bonilla said his law firm is no longer representing clients in medical malpractice cases because of Proposition 12.
"If you collect $250,000, and you get one-third and expenses are $50,000, you’re going to have an unhappy camper in your client," Bonilla said. "We don’t want grievances, so we don’t take those cases."
He estimates between 35 percent and 40 percent of his gross income will be lost in 2004 as a result.
Attorney William Edwards Sr. said for every malpractice case he takes, he turns away 30 or 40. He said the limit on awards is not what will cause a decrease in the number of cases.
"If there is good care, and consideration for patients, the number of cases will go down," Edwards said. "If there is poor care, and instances of people being more worried about the bottom line than the patient, the number of cases will go up."
Contact Beth Cross at 886-3618 or crossb@caller.com
|
|
|
|
Click
a category to view advertisers
|
|
|
How safe do you think our port is?