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Protecting Physicians…

Relentlessly Protecting Physicians’ Most Precious Asset – Their Reputation…

Patented systems & endorsed by numerous state & specialty societies

www.medicaljustice.com

Road Map

• Medical Justice today– 6 years of experience; launched 2002– Deterrence; early action; hold unethical proponents of frivolous

lawsuits accountable; neutralize defamation on the Internet

• Medical Justice tomorrow– HealthCare 2.0: Market based healthcare model for all stakeholders– Existing $2 trillion will fund U.S. system +

• Health information technology• No-fault remedies for all injured patients • Patient safety systems • Pay for all uninsureds



Tort System: Lofty Goals

– Deter Negligent Acts

– Restitution• These goals are not realized in the medical malpractice

arena;

• The tort system makes it harder to implement systemic changes for patient safety

• Remedies for patients are inconsistent. Many receive payment only years after they file for bankruptcy.



Bad Doctors…Really?

• In 2004, the National Practitioner’s Data Bank had over 200,000 entries for physicians who had settled or lost in court…..– Most physicians had one report

– ~700,000 physicians in the US

– Majority of those who are sued do not represent “the bad apples”



What Is Medical Justice?

Medical Justice is a patented program designed to protect physicians’ reputations

• Keep physicians from being sued for frivolous reasons.

• Deter defamation of doctors on the Internet

Launched in 2002 and currently serves just under 2,000 physician members across the country.



Goals of Medical Justice: Frivolous Lawsuits

• Deterrence of lawsuits.• Promote system where experts “tell the truth.”• If frivolous suit continues forward, enable

prosecution of viable countersuit/counterclaim.



How We Do It: Novel Solution

Ignore traditional remedies (eg: malicious prosecution)

1. Focus on expert witness

2. Contract with patients



Expert Witnesses

• Without physician experts, meritless cases die• Hired guns

– What are they?

• Witnesses Having Other Rational Explanations

– Credibility based on membership in good standing in medical professional societies



Patient Contract Templates

• Will use expert who is member of and follows code of ethics for defendant’s specialty society

• Easy to implement.– “Office staff- friendly”

– “Patient-friendly”



Medical Justice Track Record: Deterrence

• Aggregate suit rate for Medical Justice plan members across all states– under 1% for doctors who reliably use patient contracts

– Medical Justice specialty mix:

• 40% “high risk” surgical specialists



Medical Justice Track Record

• Numerous plaintiff’s experts disciplined for delivering frivolous testimony. – Venues for potential redress:

• medical specialty societies,

• hospital credentialing committees, and

• medical licensing boards.



Results

• Case CL: Pre-existing case (PE Shield): Ohio Physician sued for lap-cholecystectomy.

– Plaintiff’s expert:

• Claimed “risk of infection”: stone fell into peritoneal cavity SEVEN years earlier

• Medical Justice plan purchased

• In court, expert stated that now NINE years had passed, risk of infection was low…..No negligence.



Time Versus Likelihood of Infection

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1 2 3 4 5 6 7 8 9

Year Post-Op

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N=1

Joined Medical Justice



PEER Program: Another Value-Added

• Physician Enlisted Expert Review Program• Medical Justice volunteers: provide review and

testimony at no charge.• Can honestly say on the stand did not receive typical

$10k for their testimony.



The Landscape in 2008

• Tort reform - many victories for MDs– Addresses severity of cases enabling premium relief

– But, at any one moment, 50,000 open med mal cases

• Challenges to caps in courts and legislatures– South Dakota,Wisconsin, Oregon, Georgia, Illinois

• Physician rating sites/anonymous blogging exploding



Summary

• Deterrence*** – meritless lawsuits and anonymous blogging

• Early Action

• Justice