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Malpractice News
Department Approves Dissolution Plan For Medical Malpractice Insurance Association (Mmia)
Superintendent of Insurance Neil D. Levin announced that the Department has approved a dissolution plan of the Medical Malpractice Insurance Association (MMIA), transferring all old liabilities to the Medical Liability Mutual Insurance Company.
"The Department’s approved plan succeeds in privatizing the obligations of MMIA and does so through the largest writer of private medical malpractice insurance in New York State," said Levin.
The Department was required to approve a dissolution plan by April 30th, that maximizes the value of MMIA to the state, without impairing or impeding the operation of the voluntary medical malpractice insurance market or limiting the access to medical malpractice coverage for health care practitioners or facilities insured by the MMIA.
The Department held a public hearing to review the Department’s proposed plan for the dissolution as well as dissolution plans proposed by other interested parties on March 29th.
In addition, the Department is reviewing proposals regarding distribution to authorized medical malpractice insurers for the insureds of MMIA and health care practitioners and facilities, which will otherwise be unable to secure coverage in the voluntary market. A regulation prescribing a plan for this equitable distribution, which will be the subject of a public hearing to be held at a later date, must be promulgated prior to July 1st.
Many people don’t know what expenses are typically included in a settlement
A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by State.
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Once a doctor or health care professional agrees to diagnose or treat a patient, he or she has assumed a duty of care toward that patient.
Arbitration panels
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Many states have formed arbitration panels in order to resolve disputes between doctors and their patients.
Collateral source rule
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Under this rule, compensation awarded to an injured party shall not be reduced by the amount of compensation available to him from his insurance company or other independent sources.
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