While Docs in NE Ohio recently gave an award to Ann Wormer Benjamin stroking her for working to cap medical malpractice awards (i.e. help doctors) (Award) the ODI repays docs and their insurnace companies by engaging in a statistically unsound survey (ODI "Survey.") to scare Ohioans and suggest that Doctors are leaving in droves because Ohioans sue too much.
Never mind the fact that Tort reform won't lower malpractice rates, it will certainly make the insurance companies much more money.
Why is the survey unsound? First of all It is unsound because the methodology is seriously flawed: voluntary questionaires were sent out, and a paltry 17% of doctors responded. Who are those 17%? Are they a representative sample? Not at all. Based on the wording of the survey respondents are likely the doctors who are upset about being sued. (Over 60% of responents had been sued).
Of course the "study" was not limited to what doctors were experiencing, it included what doctors thought would be a solution to the "problems."
More will be coming on this soon. I have requested a copy of the study questionnaire, which I presume will be full of weighted questions.
It would be interesting to know whether the physicans having problems are having those problems because they provide poor care. One indication: over 60% of the respondents had a malpractice claim against them in the past 10 years. This is clearly not a representative sample of doctors in Ohio.
One of the problems with MedMal cases for plaintiffs and their counsel, and this now applies to nursing home negligence too, is that with a one year statute of limitations, it is difficult to fully investigate a suit before filing when one only has one year to file a suit.
When you only have one year, you file first and ask questions later.
Todd Bartimole
