An unconvential malpractice solution

26 Oct
2004

Asking patients to help shoulder malpractice costs

When his malpractice insurance premiums jumped 65% last year, Dr. Alan Falkoff felt as if he were running out of options. The family physician couldn’t keep paying such hikes and still stay in business. Then he had an idea.

The Stamford, Conn., doctor decided to charge his patients a mandatory $3 “medical malpractice” fee.

“There is a risk of a lawsuit with every patient I see, so I don’t see why patients shouldn’t share a small amount of that burden,” Falkoff said.

A small but growing number of doctors around the country agree. To combat rising malpractice insurance bills, they’re requiring that patients chip in to cover their costs.

In many cases, the debit takes the form of a voluntary surcharge, typically $10 to $25, because the government bars doctors from charging Medicare patients extra fees.

Still, a number of privately insured patients — and the uninsured — are being required to pay the fees, which the patients’ insurance won’t cover.

As I and many commentors have noted, one problem with rising malpractice insurance is that we cannot pass on these costs by raising our fees (since our fees are fixed by a different group of insurers). This method works, but does raise many questions.

If all patients did understand the impact of malpractice premiums increasing, I do believe that they would favor better solutions to this problem. While some patients do suffer from injuries due to malpractice, the money to compensate those patients must come from somewhere. Much money is spent on claims which are not really malpractice. If we had a system which more expeditiously sorted between true malpractice and unfortunate bad outcomes, then we could probably keep malpractice premiums under control. Until such day, physicians will look for creative solutions. These solutions are undesirable but understandable.

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7 Responses to An unconvential malpractice solution

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Aaron

October 26th, 2004 at 7:41 pm

It’s a rather silly system. Malpractice costs should be part of office overhead. Why not tack on a “lobby furniture” fee, as eventually that will need to be replaced, and a “receptionist fee”, because office help is so expensive, and….

Avatar

CHenry

October 27th, 2004 at 1:32 am

Aaron is right. And the upshot should be that as the practice overhead increaases–and not just that caused by the rise in malpractice premiums–then the prices for practice services to the buyer and the consumer–the patient should be able to be increased as well, and not fixed by third-party payers. The problem is that with the government payers, the government allows for itself the privilege to not only fix its own rate, but to limit the
total anyone can charge. Not a free market.

Avatar

Procare

October 27th, 2004 at 10:37 am

Doctors Must Work With Patients, Not Against Them
One of the biggest advantages Doctors have is their incredibly high public approval. According to a poll ProCare conducted earlier this year, almost 80% of respondents had a positive view of doctors. Opponents of medical liability reform have tried to…

Avatar

PointOfLaw Forum

November 1st, 2004 at 1:47 am

Around the medblogs
So much to read of late: * MedRants on costs of the system, fee-per-visit malpractice surcharges for patients, and assorted thoughts; * MedPundit reports that “The American College of Radiology [has] once again [taken] action against a member who has…

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Alan Falkoff, MD, DABFP, FAAFP

December 9th, 2004 at 9:16 am

Info quoted from me was done without my persmission. But so be it. I have been doing this since 6/2003 with nearly a 99+% approval and acceptance from my patients. My patients recognize the costs of continuing to provide the high quality of services I seek to always provide them in the office means I need to offset costs. Malpractice and HIPAA expenses have driven costs to the breaking point. This way the patients share in the risk, they don’t get charged exhorbitant fees, it is shared in a small part among a large number of patients and ultimately only pays about 60-70% of the present Malpractice premium (because Medicare patients are exempt, due to the way the Medicare Laws are written…though in reality they have broken their contract with us because in the RBRVS the reimbursements should have been going UP not down, due to the huge increases in Malpractice premiums these past 4-5 years). The physician then has an ever increased responsibility to provide careful, detailed and quality care to their patients as those patients again as stated before are SHARING in the expense to have someone provide their healthcare. Someone they trust, someone they have confidence in and want to stay in business.

I also charge for all services that are extra services that are provided outside of that specific in office, in exam room patient encounter. E-mail medical treatment when appropriate (saves patients time and money), Forms completion and many others typically in the past the physicians gave away for free but definately all had costs associated with them.

Sincerely,
Alan T. Falkoff, M.D., D.A.B.F.P, F.A.A.F.P.

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T. Robinson

September 15th, 2008 at 10:09 pm

“There is a risk of a lawsuit with every patient I see, so I don’t see why patients shouldn’t share a small amount of that burden,” Falkoff said. Yes, and there’s a risk doctors might well earn that lawsuit every time patients walk into their offices, so why shouldn’t doctors bear some small part of that burden by, uh, oh, I dunno, caring about and following up with their patients, staying abreast of the latest research, improving their skills, and indeed, bringing back the art and science of good diagnostics (not just outsourced tests)? What do you think, doctor? Ready to share?

Avatar

Mark G.

October 8th, 2008 at 8:24 pm

I am a patient of Dr. Falkoff and have been for 14 years. I now live 25 miles away from his office and continue to see him. Why? Precisely because of his dedication to his patients and their health. I have brought two additional family members into his care.

Dr. Alan Falkoff is a great example of what most of America is missing – a dedicated family practice physician who puts quality care above all.

And – to T. Robinson, who appears to only be taking a cheap shot – Dr. Falkoff is very up on the latest medical research and has consistently shown a high skill level in the 14 years that I have trusted him with my family’s medical care.

Mark G.

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