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Physicians to protest rise in liability rates

S.C. doctors pressing for Legislature to put cap on non-economic damages in lawsuits

Published on 01/24/05
BY JONATHAN MAZE
Of The Post and Courier Staff

The American Medical Association is lending its voice to an upcoming demonstration in South Carolina.

Physicians will gather at the Statehouse on Wednesday to push policymakers to change the medical liability system. It's expected to be a big issue in the state Legislature this year, not to mention Congress.

A similar demonstration took place in Tennessee on Friday.

While the AMA doesn't believe that South Carolina currently has a medical malpractice "crisis," it does say that the state is a-mong those exhibiting "problem signs."

The problem: skyrocketing medical malpractice rates.

"Unless policymakers take action now, we are afraid for the future of health care in Tennessee and South Carolina," said Dr. John Nelson, the AMA president.

Physicians are pushing caps on non-economic damages in medical malpractice lawsuits as the best way to control liability costs.

Without caps, they say, doctors will leave the state in search of cheaper malpractice insurance and a less lawsuit-friendly environment.

So far, doctors don't appear to be leaving the state.

The number of doctors practicing here grew 9.3 percent between 1999 and 2003, according to state figures.

That said, the South Carolina Medical Association claims that a quarter of the obstetrician-gynecologists in Greenwood County have stopped delivering babies, and that fami-ly practice physicians stopped delivering in 10 other coun- ties.

"We are troubled by the increasing number of reports that Tennessee and South Carolina patients are losing access to care," Nelson said.

The AMA is pushing changes in the civil liability system in a number of states.

It is also pushing the issue in Washington, D.C., where the idea has the backing of President Bush.

SAVING MONEY

Standardized electronic information systems could save the health care industry $77.8 billion a year, according to a recent article published in the journal Health Affairs.

Such a system could reduce delays and costs associated with the exchange between doctors and labs.

That alone could save $31.8 billion.

Another $26.2 billion could be saved by speeding the ex change between doctors and radiologists.

None of this stuff is cheap, however.

Experts say it would cost $276.2 billion to put in place.

The savings over time, however, should make it worthwhile, proponents say.

"Overall, we believe that a compelling business case exists for national implementation of standardized health care information exchange and interoperability," said Jan Walker, executive director of the Center for Information Technology Leadership at Partners Healthcare System in Massachusetts and the study's lead author.

While health care is known for its use of space-age technology, doctors have been slow to adapt to new information technology for record-keeping.

Experts blame much of that on the fact that doctors' offices are small businesses and the systems have high up-front costs.

Jonathan Maze covers the business of health care. Reach him at 937-5719 or jmaze@postandcourier. com.

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