 February 2003 • Volume 9 • Number 2 |
At the invitation of the West Virginia AFP, Richard Roberts, M.D., J.D., of Madison, Wis., an AAFP past president, discussed the liability crisis with key legislators Jan. 6 in Charleston.
"The West Virginia legislature is in the eye of 'The Perfect Storm,' and the rest of the nation is watching to see what it will do," Roberts said. He spoke to the Legislative Interim Committee on Insurance Availability and Medical Malpractice.
"The other state legislatures faced with similar challenges -- Mississippi, Nevada and Pennsylvania -- have all recently passed significant tort system changes," said Roberts. "Failure to enact meaningful tort reform in West Virginia will be the legislative equivalent of malpractice."
Malpractice coverage crises have recurred in seven- to 15-year cycles for some time, said Roberts. "Medical malpractice is a complex topic. It is tempting to try to reduce it to caricatures of greedy or inept insurance companies, arrogant or incompetent doctors, or conniving lawyers."
In the 1990s, Wisconsin adopted the same proposals that West Virginia's CARE Coalition backs, said Roberts. He offered comparisons: In 1998, a Wisconsin family doctor who did not do surgery or deliver babies paid a base rate of $4,903 for coverage for $1 million per claim and $3 million per year (aggregate). In West Virginia, the base rate was $10,517. By 2002, the Wisconsin doctor's premium rose 5 percent to $5,148. The West Virginia doctor's premium rose nearly 100 percent to $20,524.
"Wisconsin ranks among the top states in the percentage of our people who have health insurance coverage," said Roberts. "We are in the top 10 for health status. While not perfect, Wisconsin's approach works."
The West Virginia Register-Herald on Jan. 7 reported Roberts' comments at a press conference Jan. 6 in Charleston: "This is about expectant mothers driving longer distances to find someone to deliver their baby. This is about workers settling for wage concessions because of rising health care costs. Something is out of control in West Virginia, and the people in this state risk losing access to quality medical care."
FP Report is
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Copyright © 2003 by American Academy of Family Physicians.