Doctors Throw White Coats on Capitol Steps to Demonstrate that They Can’t Continue if System Not Changed

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NYS Doctors Demonstrate for MLR Change by Leaving White Coats

ALBANY, NY (03/06/2008)(readMedia)-- Tuesday over 1,500 physicians traveled to Albany to protest on the steps of the state capitol in the rain. Many sadly left their white coats on those steps to demonstrate that they will be forced to leave their practices, retire or relocate if the current New York medical liability system is not changed. New York’s high medical liability insurance rates, coupled with their rising expenses, are making it economically impossible for doctors to continue practicing medicine in the state, according to the gathered physicians. They demanded legislative changes to correct New York’s current unjust court system.

Robert B. Goldberg, DO, president of the Medical Society of the State of New York (MSSNY), said, “The physicians’ crisis has been looming for quite some time, but it came to a head when the Superintendent of Insurance Eric Dinallo announced that without legislative action, he would be forced to impose huge surcharges on every doctor as well as possibly imposing double digit increases in basic medical malpractice insurance premium rates. This would be on top of physicians’ already sky-high insurance rates, which were already increased 14% just 8 months ago, and which have gone up 55-80% in the last five years.”

Dr. Goldberg was quick to point out that “Physicians firmly believe that patients who truly suffer injury due to medical error should be fully reimbursed for economic damages, but non-economic awards must be reined in and the litigation process must be made equitable.”

“The doctors’ march to the Capitol was the first major event in what will be an ongoing campaign which will continue until we achieve our goals” said Dr. Goldberg. It was preceded by a morning conference that filled two theaters in Albany’s Empire State Plaza at which many physician leaders spoke about the state’s medical liability situation.

Guest speakers were lead by Governor Eliot Spitzer and Senate Majority Leader Joseph Bruno. New York State Superintendent of Insurance Eric Dinallo and the Governor’s Deputy Secretary for Health Dennis Whelan also spoke. Governor Spitzer assured physicians that he understood their pain, although he could not be specific about state recommendations, which are expected to be made public within a few weeks. Governor Spitzer received a standing ovation when he said, “I look forward to standing with you when we sign these medical liability changes into law.”

Physicians also met with their local senators and assembly members to outline the needed changes. Legislation advocated by physicians included:

• the Medical Liability Reform Act, which calls for numerous improvements including a cap on non-economic damages and the requirement that all lawsuit filings include a physician’s affidavit that the suit has merit;

• a bill calling for five pilot medical courts and a requirement that “expert witnesses” in medical liability cases be practicing physicians who are in the same specialty as the defendant;

• and a state-funded subsidy and/or tax credit to defray the cost of medical liability insurance.

When asked if he thought the rally was a success, Dr. Goldberg replied, “I think legislators finally realize that doctors are no longer able to continue practicing in the current medical liability environment, especially given the current abusive health insurance company practices. We are on the verge of a major health care catastrophe. Final proof of whether we succeeded today depends on what bills the Legislature finally passes and which of those the Governor signs.”

To arrange interviews and/or obtain more information, contact Lynda Lees Adams at 516-488-6100 x344 or ladams@mssny.org.

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