Dr. Aniel
“Because of the current litigation climate we as doctors have to practice medicine defensively. What that means to patients is that more and more tests are being ordered above and beyond what would be the norm, just to offset the possibility of being sued later. Which results in unnecessary inconvenience and discomfort for patients.”
“How this litigious environment impacts the future of healthcare for patients in Maine is that, if we don’t address this issue now, someday soon there will be a shortage of OBGYNs and Neuorsurgeons, because graduating physicians will choose one of the many other states that already have healthcare reform to practice in. And that means even more limited access for Maine people.”
“There are two issues important for real reform. First, I believe if you removed the contingency fee from the current legal process that would economically benefit the patient more significantly when it needs to most. And secondly, if a doctor is found innocent the full cost of the defense should fall to the attorney and plantiff. I think that would level the playing field dramatically.”
Shelby Wilbourn, OBGYN, Waldo County Hospital, Belfast Maine.
Why did you move to Maine?
I moved here in 2002 and was looking for a state that was not in crisis, did not have outrageous malpractice premiums, not a very litigious state and was at least affordable.
What happened in the state you were in to make you want to move in the first place?
The state was in a full-blown crisis. I was practicing in Las Vegas, Nevada, I had a perfect record, sat on review panels & boards reviewing OBG cases. I was an active professor at the University of Nevada teaching residents and private practice and then my malpractice carrier said if I agreed to cut the number of deliveries I did in half per year my insurance would only go from $37,000 to $108,000.
I told my carrier I don’t know any business in the world that if you asked them to cut back their business by half and then told them their insurance was going to increase by two to three times that they could expect to stay in business.
And, if I didn’t cut my deliveries back by half my rate would have gone as high as $180,000.
What’s the condition like here in Maine?
Moderate to not too stable. I’m a little concerned about things I’ve seen in the last year or two. I’ve read about a couple of large verdicts in the Portland area, seen more press recently and now I’m starting to get concerned.
I worry because I knew when I moved here that Maine didn’t have a Tort Reform package. They did have a screening panel, much like they did in Las Vegas and everyone had thought that was enough and obviously it wasn’t.
So I’m afraid we’re going to see Maine get into a crisis much like I had in Nevada.
When I moved to Nevada in 1990 there were no issues at all…and then in a very short period of time it developed into a full blown crisis.
What do you think should happen here in Maine?
I would like to see some type of state wide Tort Reform passed that would protect us from any further crisis developing. As a state, we have to set guidelines that are acceptable and protect the patients and the physicians of this state.
What could happen to Medical Services for the public if there’s no change?
Problems will start to show up in recruiting and then it will impact the accessibility of services for the public and you will possibly see more physicians either retire early or restrict their practices, specifically high risk situations.
I’m involved in recruitment for Waldo County Hospital so I know first hand how difficult it is to draw talented physicians to Maine. There are a number of things that scare people from moving here. One is that the majority of the state is rural and that means low reimbursement and not near what it is in more populated areas. Another thing is, whether it’s a misconception or not, the Maine winters and the weather. So with those two factors already being a problem when we’re recruiting, what makes us optimistic is if they’re originally from Maine, gotten their education and want to come back and have family here already or unfortunately, if they’re from a crisis state. For example, since 2002 we have Dr Stewart from Pennsylvania, Dr Pellitieri came here from New York and I came from Las Vegas. When we’re recruiting and we’re asking people what the reason is for considering leaving their state the #1 reason is the malpractice crisis. If we have a crisis in Maine we’re going to lose that entire recruitment base.
Copyright © 2006 Coalition for Healthcare Access and Liability Reform