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Medical
Malpractice News
Department Approves Dissolution Plan For Medical Malpractice Insurance Association (Mmia)
Superintendent of Insurance Neil D. Levin announced that the Department has approved a dissolution plan of the Medical Malpractice Insurance Association (MMIA), transferring all old liabilities to the Medical Liability Mutual Insurance Company.
"The Department’s approved plan succeeds in privatizing the obligations of MMIA and does so through the largest writer of private medical malpractice insurance in New York State," said Levin.
The Department was required to approve a dissolution plan by April 30th, that maximizes the value of MMIA to the state, without impairing or impeding the operation of the voluntary medical malpractice insurance market or limiting the access to medical malpractice coverage for health care practitioners or facilities insured by the MMIA.
The Department held a public hearing to review the Department’s proposed plan for the dissolution as well as dissolution plans proposed by other interested parties on March 29th.
In addition, the Department is reviewing proposals regarding distribution to authorized medical malpractice insurers for the insureds of MMIA and health care practitioners and facilities, which will otherwise be unable to secure coverage in the voluntary market. A regulation prescribing a plan for this equitable distribution, which will be the subject of a public hearing to be held at a later date, must be promulgated prior to July 1st.
Medical Misdiagnosis is a serious risk every time you go to the hospital.
There are many ways that a medical misdiagnosis can present itself. Whether a doctor is at fault, or hospital staff, a misdiagnosis of a serious illness can have very extreme and harmful effects. The National Patient Safety Foundation cites that 42% of medical patients feel they have had experienced a medical error or missed diagnosis.
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Definition:
This category covers claims arising from inaccurate medication prescriptions, such as wrong medication or dosage level.
Informed Consent
Definition:
Is the process by which fully informed patients can participate in choices about Their healthcare. It originates from the legal and ethical right the patient has to direct what happens to her body and from the ethical duty of the physician to involve the patient in her health care.
Assumption of risk
Definition:
In the law of negligence, as a defense, a defendant's allegation that the injured plaintiff recognized the danger of the plaintiff's course of action but, nonetheless, willingly chose to risk such danger.
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