Day on Torts

November 18, 2010

Thoughts on Mediation

Mediation is an important part of personal injury and wrongful death litigation. Indeed, my only significant quarrel with mediation is that defendants often refuse to engage in any settlement negotiations in significant cases without a formal mediation. I still remember the days where lawyers could actually engage in settlement negotiations without having to pay for the services of a mediator.

Karen Koehler, a personal injury lawyer in Seattle, writes a blog called "The Velvet Hammer." Here is an interesting post she has written about mediation: "Tips for Attorneys: Mediation Meanderings."

An excerpt:

November 17, 2010

AAJ Seminar on Changes to Medicare Subrogation Reporting Rules

by The Law Offices of John Day, P.C.

AAJ Education’s Breaking News in Medicare Secondary Payer Requirements: Moratorium on Reporting Teleseminar, November 23, will give you the breaking news and latest on Medicare Secondary Payer reporting requirements, the Bradley v. Sebelius 11th Circuit decision, what the moratorium means, and what happens next. To view the agenda and faculty, and to register, go to www.justice.org/education/medicare or call 800-622-1791 or 202-965-3500, ext. 8612.

November 15, 2010

Preparing for Oral Arguments in the Appellate Courts

by The Law Offices of John Day, P.C.

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.

November 15, 2010

Medicare Reporting Rules Temporarily Abated

by The Law Offices of John Day, P.C.

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.

November 13, 2010

Justice Programs Seminar in Nashville on November 18 and 19

by The Law Offices of John Day, P.C.

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

November 12, 2010

Tennessee Medical Malpractice Statistics – Successful Claims Against Physicans

by The Law Offices of John Day, P.C.

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:

November 11, 2010

State Volunteer Mutual Insurance Company’s Profits Explode

by The Law Offices of John Day, P.C.

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.

November 10, 2010

Medical Malpractice Insurer Slashes Rates

by The Law Offices of John Day, P.C.

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.

November 9, 2010

Tennessee Medical Malpractice Case Filings – Part 4

by The Law Offices of John Day, P.C.

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.

November 8, 2010

Tennessee Medical Malpractice Case Filings – Part 3

by The Law Offices of John Day, P.C.

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