Jay O’Keeffe has a written a great post called "10 Things I Wish I’d Known Before My First Oral Argument."  An excerpt:

3. Anticipate hard questions.

As soon as I start working on an appeal, I create a document called "Tough Questions." This document includes every hard question I can think of, regardless of whether I can answer it. I update it constantly through the briefing and oral argument process. The goal is to anticipate every hard question the Court can throw at you, and prepare–and practice–your best answer.

Hot off the press this morning from AAJ:

As all of you are aware, the Centers for Medicare & Medicaid Services’ (CMS) implementation of the Section 111 reporting requirements of the Medicare Secondary Payer Act (MSP) for liability settlements and the penalties associated with improper lien resolution has created turmoil and delay for anyone trying to reach a settlement in any liability case.

After several months of working with the Department of Health and Human Services (HHS) and CMS, we are pleased to inform you that today CMS is announcing a one year delay in implementation on Section 111 reporting requirements for claims involving liability insurance, retroactive to October 1, 2010 through October 1, 2011. This delay should facilitate settlements and allow for faster resolution of certain cases. In addition, we believe that during this period, CMS will suspend the issuance of MSP guidance documents, which have often been contradictory and a source of confusion.

Our Justice Programs seminar series will be held on Nov. 18 and 19 in Nashville.  Former Tennessee Supreme Court Justice Penny White, Court of Criminal Appeals Judge Joe Riley, and I also will present the two-day programs in Memphis (Dec. 9 and 10) and and Knoxville (Dec. 2 and 3) . Each program provides the fifteen (15) hours required CLE and includes four (4) hours of ethics/professionalism/dual credit on Friday afternoon. You may register for both days (all 15 hours), one and a half days (11 hours), or the Friday afternoon ethics program (4 hours).

Here is  what is on the agenda

Tort Law / Comparative Fault – John Day

The United States Department of Health and Human Services maintains a databank of individuals who have had medical malpractice settlements or judgments 

The National Practitioner Data Bank (NPDB) and the Healthcare Integrity and Protection Integrity Data Bank (HIPDB) are information clearinghouses created by Congress to improve health care quality and reduce health care fraud and abuse in the U.S. Collectively, the NPDB and HIPDB are referred to as the Data Bank.

 

The Data Bank collects information on and maintains reports on the following:

Yesterday  I reported that SVMIC, the bedpan mutual that insures the vast majority of Tennessee doctors,  reduced its rates by 23.1% .  I also reported that  the company declared a $20,000,000 dividend.  The net effect of the dividend means that policyholders with a history of no paid claims will receive another 8% reduction (or so) in rates effective May 15, 2010.

How can SVMIC cut rates so dramatically while paying the highest dividend it has paid in years?   There are two reasons.   First, as a result of the tort reform passed effective October 1, 2008 (revised effective July 1, 2009) claims have decreased substantially.   Fewer claims means reduced claims handling costs, defense fees, court reporter and other litigation fees, and claims payments.  Since the law permits insurers to "write off" reserves as they are established, fewer claims means that reserves are lower than these would have otherwise been had there been more claims.   A decrease in the need to set aside money in reserves for these "absent" claims increases net income.

And how it has increased.   In 2009, SVMIC had a net income (after taxes) of a whopping  $71, 968,000, an increase of over 100% from a year earlier.  

In recent days I have shared several posts (here, here, here, and here) concerning the substantial reduction in the number of medical malpractice cases filed in Tennessee since the enactment of the law that mandates pre-suit notice and filing of a certificate of good faith.

Thus, it is not surprising that State Volunteer Mutual Insurance Company, the doctor-owned medical malpractice insurer that insures the vast majority of non-university based physicians in Tennessee, has slashed medical malpractice insurance rates.

The average rate decrease, effective for renewals on or after May 15, 2010, is $23.1% at $1M / $3M insurance policy limits.    There are different rates of decreases depending on specialty, dividend status, limits, years in practice, and other factors. 

This is Part 4 of my report on medical malpractice filings in Tennessee for 2010.  (Here is Part 1, Part 2, and Part 3.) Today, I examine the county where I live, Williamson County.    

Williamson County, Tennessee is on the southern border of Davidson County, which is the home of our state capital, Nashville.  In 2010 Williamson County had 180,891 residents.  Almost 90 percent of those residents were white and about 5% of them were African-American.  The average household income was almost $122,000 per year and the per capita annual income was about $42,000.    Over 56% of the people in the county have attained at least one college degree.

Williamson Medical Center is a 185-bed hospital in Franklin.  It provides comprehensive inpatient and outpatient care.  It has an active emergency room and has physicians on-staff in some 36 specialties.

 This is Part 3 of my report on medical malpractice case filings in Tennessee.  (Click to read Part 1and Part 2.)  Here are the case filings for some of the larger counties in the state for the year ended September 30, 2010:

 

County                                                          

Shelby                         88                                   

 Our Justice Programs seminar series will be held on Nov. 11 and 12 in Johnson City.  Former Tennessee Supreme Court Justice Penny White, Court of Criminal Appeals Judge Joe Riley, and I also will present the two-day programs in Memphis (Dec. 9 and 10), Nashville (Nov. 18 and 19), and Knoxville (Dec. 2 and 3) . Each program provides the fifteen (15) hours required CLE and includes four (4) hours of ethics/professionalism/dual credit on Friday afternoon. You may register for both days (all 15 hours), one and a half days (11 hours), or the Friday afternoon ethics program (4 hours).

Here is  what is on the agenda

 

Tort Law / Comparative Fault – John Day

Yesterday I wrote about the decrease in the number of medical malpractice case filings since the new law requiring pre-suit notice and a certificate of good faith went into effect October 1,2008.    As I mentioned, the total number of medical malpractice lawsuits filed for the one-year period ending September 30, 2010 was 313.

Tennessee has approximately 6,100,000 people.  Assuming that there was a single plaintiff in each case (which is almost always true except for loss of consortium claims in injury cases) simple math tells us that there was one claim filed for every 20,000 Tennesseans.

There are 137 hospitals in the state with about 20,000 hospital beds.  There are 317 nursing homes with 36,276 beds.  There are about 18,560 non-federal licensed physicians. There are also almost 62,000 registered nurses.    There are 954 physicians’ assistants, 4853 nurse practitioners and 4,196 dentists.  Each of these providers is a potential defendant in a malpractice case.   Add to this some number of x-ray techs, ambulance drivers, etc.

Contact Information