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Louisiana Medical Malpractice A Brief History

Louisiana Medical Malpractice A Brief History . Vince Culotta Jr. MD LSMS. Before Act 817. No limits Ad damnum clause 1974 constitutional convention Sensational journalism Trial by press Reputations ruined Crisis of availability. The Beginning. LSMS set policy to reform med mal

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Louisiana Medical Malpractice A Brief History

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  1. Louisiana Medical Malpractice A Brief History Vince Culotta Jr. MD LSMS

  2. Before Act 817 • No limits • Ad damnum clause • 1974 constitutional convention • Sensational journalism • Trial by press • Reputations ruined • Crisis of availability

  3. The Beginning • LSMS set policy to reform med mal • The street fighters • The legislature • The Charity Crisis • Act 817 of the 1975 legislature • Companion Act for state hospitals and MDs

  4. Act 817 • No ad damnum clause • Pre-trial Review Panels • Limited liability to $500,000 total • Personal limit of liability to $100,000 • Established PCF to pay claims in excess of $100,000 and receive complaints and determine qualifications

  5. Evolution of the ACT • Allowed settlement less than $100,000 to establish liability & PCF hands OFF • Roemer commission established unlimited payments for future medicals. • PCF oversight board. • Actuarial requirements applicable to PCF • 250 legislative challenges to act • Filing fees & Modified loser pay rules

  6. The Present • Taylor & Arrington case • Olivier case • Texas Act • Constitutional concerns by many • Work group of the interested

  7. The PCF • Closing more claims than opening • Interest is a problem • No Knowledge of claim until underlying coverage is resolved • Unfunded liability calculated to be 480 MIL • Based on average with little facts • Reserves =1/3 of 480

  8. LSMS Actions • Ad hoc committee • Member of the work group • Authorization for COM and underlying coverage increase • Monitoring and working to represent all MDs insured, self insured and hospital based reflecting the membership

  9. The future • Change will happen! • Who drives the change? • What will we gain? • What will we lose? • Who will be the losers? • Will there be caps? • What will be capped?

  10. Information • www.legis.state.la.us • www.lsms.org • www.lammico.com • www.lapcf.state.la.us

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