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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.
Errors in hospital Emergency Rooms are a common occurrence
They are infrequently talked about and rarely reported to the media. That is why you don't hear about these types of cases on the news. Understaffed hospitals or ill-equipped emergency rooms may lead to fatal errors while dealing with patients requiring emergency treatment. When the necessary steps of treating an emergency room patient are sidestepped, then an emergency error may result.
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Definition:
Damages payable for items other than monetary losses, such as pain and suffering. The term technically includes punitive damages, but those are typically discussed separately.
Medical lien
Definition:
The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided.
Res ipsa loquitur
Definition:
The use of res ipsa loquitur should be prohibited in medical malpractice cases because under this doctrine the mere fact that the injury occurs means that the defendant was negligent, although it is not all the time.
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