Medical Malpractice Liability Crisis Reaches Critical Level Maryland surgeons statewide call for Special Legislative Session to address threat to surgical care. For Immediate Release - September 18, 2004 ELLICOTT CITY, MD, September 18, 2004. An urgent meeting of general surgeons and surgical subspecialists throughout Maryland was convened today at a conference center in Ellicott City. Scores of surgeons came from as far away as western Garrett County and the eastern Delmarva peninsula towns of Berlin and Ocean City to address the growing crisis in access to healthcare posed by a succession of medical malpractice liability premium increases charged to surgeons. The latest increase of at least 33% to be charged to over 75% of Maryland’s doctors by the largest malpractice carrier comes on top of last year’s increase of 40% to 65%. According to the surgeons attending the meeting, this latest increase forces many to look for practice opportunities outside of Maryland, while others will retire prematurely, stop caring for patients in certain programs or reduce the types of surgery they perform. Scott E. Maizel, MD, FACS, President of the Maryland Chapter of the American College of Surgeons, the group that arranged the meeting, said it was called in response to requests from many surgeons around the state who find themselves desperate to stay in practice in the face of these increases. “The malpractice liability premium increases over the last three years coupled with this recent increase has pushed many of Maryland’s surgeons to the brink of financial insolvency. Our surgeons cannot raise their fees to meet these increases nor can they operate on more patients without jeopardizing patient care. Surgeons will now be forced to examine whether they can afford to care for all people regardless of reimbursements if they hope to meet the financial obligations to stay in practice in Maryland.” Hospitals and Emergency Rooms across the state, as well as across the country, report an increasing problem finding General Surgeons and surgical sub specialists such as Orthopedists and Neurosurgeons to respond to calls for emergency care. This latest increase for Maryland’s surgeons will no doubt result in longer waiting times in Emergency Rooms as more of them leave practice in the state. Surgeons, however, are not the only ones to be affected by escalating malpractice premiums. Hospitals and nursing homes across the state have less money to hire nurses because larger amounts are needed to pay their malpractice premiums, which have also increased rapidly. Last year, OHIC, an out of state insurance company that provided malpractice coverage to twenty of Maryland’s hospitals left because of escalating and unpredictable jury verdicts and settlements in the state. Surgeons at the meeting were unanimous in calling for a Special Legislative Session to avert the planned premium increase and the effects it will have on the availability of surgical care in Maryland. “This meeting was called to address surgeon’s concerns from around the state,” said Dr. Maizel. “While I expected to hear many of the accounts this crisis is having on individual surgeons, I was surprised to find that many more surgeons are already exploring opportunities to practice in other states or planning to limit or stop practice entirely. Surgeons who have had associates retire or leave are finding it virtually impossible to find new ones willing to move to Maryland to replace them.” “While each surgeon must make his or her practice decision individually,” said Maizel, “it is clear to me that, absent a Special Session of the Legislature to immediately address this crisis, a substantial number of surgeons will be unable to continue to provide care in Maryland. All concerned parties must come together now to prevent this.” Scott E. Maizel, MD, FACS President, Maryland Chapter American College of Surgeons 9101 Franklin Square Drive, #110 Baltimore, MD 21237 (410) 574-5720