California Medical Malpractice Law Blog

Contrary to what many doctors and politicians have been saying for years, insurance company practices are the reason behind high premiums – not payouts from medical malpractice lawsuits. In fact, the California Department of Insurance (CDOT) has just released a statement that medical malpractice insurance rates are too high because insurance companies are not paying out enough.

Medical malpractice occurs where a doctor or other medical professional fails to exercise the standard of care required and a patient is harmed or even killed as a result. When medical professionals are found liable and required to compensate their victims, many physicians rely on insurance policies to cover those costs.

However, it appears that many medical liability insurance companies are charging doctors too much and paying those harmed too little.

According to the study by CDOT, medical malpractice insurers are paying out only 2-3% of the premiums, keeping the rest of the money collected from doctors. CDOT noted that the “low loss ratios are one indication that premiums may be too high.”

In addition to hurting doctors by demanding high fees, consumers are hurt because victims of malpractice must fight insurers to get claims paid. As stated by David Heller, president of Santa Monica’s Consumer Watchdog, “The medical malpractice premiums in California have so much extra padding right now because the companies are taking premiums from doctors and hospitals but don’t have to pay much out in claims.”

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Sacramento News reports that a family has filed a medical malpractice lawsuit after their daughter lost part of all four of her limbs due to a bacterial infection.

Malyia was brought into Sacramento’s Methodist Hospital with skin discoloration, persistent fever and weakness. Her condition continued to deteriorate as she waited for 5 hours in the emergency room. After her father demanded doctors and nurses treat his daughter, Malyia finally received attention. By then it was too late. Malyia had streptococcus A, and had to be flown to Stanford University’s Children’s Hospital. At Children’s Hospital, both her feet and her left hand were amputated. Part of her right hand also had to be removed.

During our most critical moments, physicians are supposed to offer us care and support – when these medical professionals' actions fall below the requisite standard of care, they may be guilty of medical malpractice. Physicians, nurses and hospital staff all may be found liable. Although not every unfavorable outcome is the result of medical malpractice, if you go into the hospital seeking treatment, and your condition is worse after receiving care, it is possible that the caregiver’s actions were negligent.

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A recent survey by the hospital watchdog group, Leapfrog Inc., concluded that early deliveries – when made as an elective decision, rather than by necessity – resulted in an increased rate of birth injuries. An early elective delivery is considered a cesarean section or induction scheduled before 39 weeks without a medical reason.

Each week of a pregnancy is critical to the development of the baby’s brain, lungs and liver. Delivering too early can cause a birth injury with lifelong physical, developmental, and cognitive delays. Some times medical reasons exist to schedule a newborn delivery, including performing emergency c-sections, such as where the mother has high blood pressure, broken membranes before labor begins, or the infant shows signs of fetal distress. In those situations, medical personnel need to act quickly in order to prevent long-term harm to an infant. A failure to take prompt action may constitute medical malpractice.

But absent medical necessity, early elective deliveries happen far too frequently. As noted by the Leapfrog CEO, “Hospitals, health plans, providers, and communities need to do more to protect women and babies from this practice…Every hospital should publicly report on their rate and actively prevent the practice, and every woman planning to give birth should demand the information.”

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News sources report that a New York jury has ordered a Glens Falls doctor to pay a $3 million medical malpractice jury verdict to a girl who suffered serious injuries as a result of medical malpractice during childbirth. Marlayna Kineke sustained a brain injury nearly 18 years ago, when her mother’s obstetrician – Dr. Stephen Serlin - failed to deliver her in a timely manner. Unfortunately, when an infant sustains a birth injury, he or she can develop lifelong physical, developmental, and cognitive complications.

When a birth injury occurs due to the negligence or wrongful actions of a medical professional, an experienced San Francisco medical malpractice lawyer may be able to help.

According to the complaint in this medical negligence case, the doctor was summoned at 5 a.m. to perform an emergency c-section, but delayed performing the operation by 3-4 hours. After she was delivered, evidence showed that Marlayna had suffered “fetal asphyxia” in the womb due to a compressed umbilical cord. Further evidence showed that Serlin, as well as the mid-wife assisting in the delivery, had violated hospital policy by leaving the hospital for more than 4 hrs.

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