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Wednesday, May 19, 2004

Fees, waivers enter the health care market as malpractice costs grow

[Joyce Howard Price, "A patient's promise to avoid a lawsuit," The Washington Times, 17 May 2004.]

Doctors across the country are increasingly relying on fees and waivers to avoid medical malpractice suits and offset insurance costs. One problem with these efforts, though, is that until some sort of legislation addresses the issue, they remain in a legal gray zone:

Some doctors are trying to discourage malpractice lawsuits by having patients sign waivers agreeing not to sue them, and growing numbers are charging fees designed to help them pay for the rocketing costs of malpractice insurance.

In Trinidad, Colo., Dr. Stanley H. Biber, 81, says he hasn't performed general or orthopedic surgery for six months because he can't afford to pay $149,000 a year in malpractice premiums.

Therefore, Dr. Biber said he is considering having patients sign contracts agreeing not to sue him, so he can be insured and have "some protection."

Dr. David Vastola, an intern in gastroenterology in North Palm Beach, Fla., says he began using waivers two years ago when his annual costs for malpractice premiums soared from $12,000 to $60,000 in one year, while his coverage plunged from $1 million to $250,000.

Dr. Kenneth Greene, an intern in Towson, Md., said that he knows of some doctors who are charging patients $5 or $10 to renew prescriptions by phone.

Dr. Greene said he does not add extra charges, but he raised $3,000 last year in a mail solicitation program in which he requested $10 donations from patients to help offset rising malpractice costs. He continues to seek $10 contributions from patients who visit him, but stresses they are not required.


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