Articles Posted in Obstetrical Malpractice

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The petitioner in this case is seeking a judgment to require the Superintendent of Insurance to hold a hearing in regard to a decision that he made that reduced the petitioner’s proposed rate increase by approximately 85%. The Superintendent has cross moved to have this petition dismissed.

Case Background

The Long Island petitioner is a non-profit entity that is comprised of insurance companies that write personal liability insurance policies in the state of New York. Membership with the petitioner is required of companies that have the authority to write this type of insurance policy in the state. The petitioner is required to provide medical malpractice insurance to any physician or surgeon that is licensed in the state of New York. The amount of the policy is up to an aggregate limit of $3,000,000.

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Sometime in August of 2002, plaintiff hired a law firm to represent her in a medical malpractice (personal injury) and wrongful death action concerning the death of her husband. According to the law firm hired, a lawyer, who was then an of counsel lawyer of the firm, was assigned to handle plaintiff’s case.

In early 2003, the underlying action for medical malpractice was commenced against defendants: the Medical Center, the Westchester County Health Care Corporation, and certain doctors.

Thereafter, plaintiff’s lawyer severed his relationship with the law firm hired. Plaintiff then opted to continue to be represented by the lawyer and discharged the law firm. However, sometime after, the lawyer also severed his relationship with the plaintiff. Thus, plaintiff’s son continued to handle the case which was later continued by another law firm.

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Lawyers and doctors don’t generally get on very well. There are a number of reasons for this, but the most common is because of distrust between both doctors and lawyers. There are many medical malpractice stories floating around the internet comments the source.

Many doctors who charge Medicaid or Medicare for various medical procedures for tests that aren’t really necessary. This means that they are actually committing fraud according to Medicare and Medicaid programs.

The law has been made very clear to discuss this type of fraud, says the rep. When the issue was discussed at congressional hearings the doctors actually admitted the practice and then ended up trying to deny it when they were asked if they billed Medicare for the tests.

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