Medical malpractice insurance crisis is nationwide

Friday, May 17, 2002 | 10:32 a.m.

Obstetrician Thomas Johnson closed his Northern Nevada practice last week because his medical malpractice insurance is too high.

"I was facing a 100 percent increase in premiums," Johnson, of Elko, told a medical malpractice forum at the University of Nevada, Las Vegas on Thursday night.

Unfortunately there is no quick fix to the malpractice crisis that is spreading in Nevada, said Michael Hotra, legislative director of the American Tort Reform Association of Washington.

California capped its jury awards for pain and suffering at $250,000 and malpractice rates have stabilized, Hotra said.

The forum, sponsored by the Nevada Policy Research Institute and the Association of American Physicians & Surgeons, brought experts together offering a range of possible solutions.

"The system is crumbling nationwide, not just in Nevada," said Kathryn Serkes of the association.

Maine, Colorado and California have begun to solve the malpractice problems, she said.

In addition to capping damages, Nevada might try mediation to avoid lawsuits, patients could waive their right to sue, jury awards could be paid in installments or physicians could receive immunity for offering free care, Serkes said.

A unique approach would have the patient buy the insurance, much like people do when buying auto or traveler's insurance policies, Serkes said.

Besides reforming the medical and insurance industries, policy makers need to reform class action lawsuits and contingency fees for experts, physician and legal expert Michael Glueck said.

The Nevada Legislature is expected to tackle medical malpractice during its 2003 session.