Malpractice legislation vs. physician recruitment

A physician in Tipton, Iowa, was recently found liable in a patient's death after being sued by the patient's daughter. 

The plaintiff's lawyer, Anthony Bribriesco, noted in an Oct. 23 report by CBS2 Iowa that he and his team have seen an increase in healthcare negligence across Iowa in recent years, and criticized a 2023 law that capped damages in wrongful death suits at $1 million.

While it is hard to quantify whether actual negligence has increased across healthcare, as Mr. Bribriesco describes, malpractice verdicts did hit an all-time high in 2023. There were 57 malpractice verdicts of $10 million or more last year, and more than half of those reaching $25 million. 

Some states have expanded legal liability for physicians or sought to increase these caps, which has been met with pushback from some physicians. In New York, for example, Dignant Nanavati, MD, president of the Onondaga County Medical Society, recently published a letter to the editor that urged Gov. Kathy Hochul to veto a bill that would expand physician liability in wrongful death lawsuits.

Dr. Nanavati argued that, among other negative consequences of such a bill, was a potential 40% hike in liability insurance costs in the state, which has the highest annual malpractice liability insurance rates in the U.S. He also said the bill would burden community healthcare systems by "radically" increasing healthcare costs in the state.

Mr. Bribriesco also said that these verdicts are not driving up healthcare costs, but are rather "the only pathway" for citizens to hold negligent physicians accountable. 

According to Medical Economics' 2024 Physician Report, 45% of physicians saw their malpractice premiums go up in 2024, as opposed to 39% in 2023. Thirty-one percent of physicians reported that their malpractice premiums were between $10,000 and $19,999 and 11% reported premiums of over $30,000. 

While acknowledging that there should be legal recourse for patients and families who have suffered from medical malpractice, Dr. Nanavati also contended that the proposed legislation to increase physician liability in New York could push physicians out of the state or discourage new ones looking to open practices. 

"We already face a physician shortage in Onondaga County, and the costs imposed by this legislation will not only discourage new physicians from locating here but undoubtedly pressure numerous primary and specialty care physicians to leave their practices," Dr. Nanavati wrote. 

To the contrary, Mr. Bribriesco and his team told CBS2 Iowa that even if the Iowa cap does seem attractive to physicians and other providers, those physicians are not "the kind of doctors Iowa should be trying to attract." 

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