Washington Community Action Network

Overview

Washington state has a strong history of protecting rights of patients in the health care system. The Patient’s Bill of Rights, signed into law in March 2002, provides state residents greater accountability regarding their health care providers and insurance companies. If a patient is denied care, they are allowed an independent third party review of that decision, and ultimately the right to sue if the insurance company or health care provider failed to exercise standards of care in making decisions that affect his/her health.

A major issue involving patients’ rights is the impact of rising medical malpractice insurance for doctors and other health care providers. Many would have you believe “run-away” jury awards for injured patients are the reason driving up the cost of medical malpractice insurance. This is simply not true. The fact is that both the number of lawsuits and the total amount of jury awards and settlements have been constant when adjusted for inflation in Washington State for the past thirty years.

The business practices of large insurance companies are what have driven up the cost of medical malpractice insurance premiums. During the past thirty years, there have been three insurance “crises”. Each of these has happened at the precise time of an economic recession. This is because insurance companies lower their rates in good economic times because they make more money off their long term investments. When economic times go bad, and insurance companies cannot make money off long-term investments, then they must compensate by raising insurance rates.

Insurance companies have proposed capping the amount of money an injured patient can receive as the “solution” to this problem. But such caps simply don’t work – the merely punish the victim of medical malpractice while leaving in place the flawed insurance system that is behind the problem.

Real Solutions

How do we promote patients safety and give doctors needed relief from skyrocketing insurance premiums? Washington CAN! believes that any solution to this crisis must put people first. We are fighting for real policy solutions to the medical malpractice crisis in Washington State that protect both patients and doctors, including pushing for:

1. Insurance Reform

Insurance reform is the only solution proven to lower medical malpractice insurance rates for doctors. It is what brought down medical malpractice rates for doctors in California. It works by having insurance companies simply prove to the public - through an open public process - when a premium increase is needed.

2. Increase Medicaid and Medicare Reimbursement Rates

Doctors have been squeezed by shrinking reimbursement rates to take care of the states’ elderly and low income patients. Increasing these rates will do more for doctor’s bottom line than any other policy solution being discussed, and all parties are protected. Increasing reimbursements to doctors is an investment in doctors and patients. It is a win, win for everyone.

3. Invest in Patient Safety

The best way to bring down the cost of medical malpractice insurance is to create a system that stops malpractice from happening in the first place. Investing in systems that create a more reliable system protects both patients and doctors.

4. Get the bad doctors out of the system

Nobody wants a doctor that hurts patients. Provisions in current law prevent us from having the option of taking a doctor’s license away, even if they have been proven negligent in court multiple times. A system with better doctors means higher safety for doctors and patients.

Current Status

Washington CAN! supports patients’ rights, including the ability of individuals to recover damages when harmed by a doctor’s malpractice. We also support reforming how the medical malpractice insurance industry is regulated in the state. Initiative 336 and Initiative 330 are two widely different initiatives that affect patient rights medical malpractice and will appear on the November 2005 election ballot.

Washington CAN! supports I-336 which would strengthen patient safety requirements and develop a supplemental malpractice insurance system. Specific components include:

• Strengthening the state commission charged with disciplining negligent doctors and adding citizen members to its board.
• Eliminating secrecy agreements that bad doctors use when settling cases to hide their medical negligence histories.
• Tracking malpractice claims and providing the public with access to the information.
• Requiring the state to investigate any healthcare provider who has paid three claims of $50,000 or more in a five-year period. Three judgments in 10 years could result in disciplinary action or a revoked license.
• Forcing insurance companies to publicly justify rate hikes to protect good doctors from insurance price gouging.
• Strengthening our civil justice system by holding attorneys accountable by requiring them to file a certificate of merit, and sanctions lawyers who file frivolous lawsuits.

Washington CAN! opposes I-330, which would place limits on patients’ ability to be adequately compensated when injured (or killed) by a doctor’s mistakes. I-330 fails to address the fundamental problems with the insurance industry that is driving up the costs. Instead it would:

• Shield bad doctors, drug companies, medical device manufacturers, HMOs and insurance companies, negligent nursing homes and hospitals from accountability to patients and their families by capping the amount of damages patients could recover.
• Require that people sign away their rights before receiving any medical services.
• Impose a restrictive statute of limitations that cuts off legitimate claims on injuries with long incubation periods.

Public Commentary on I-336

For a first hand account of how this initiative can help click here.

No on I-330

For more information about the Initiative's campiagn visit http://www.no330.org.

Watch the Commercial

Click here.