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Medical Malpractice Versus The Insurance Underwriter

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By Ghost32


Dealing With Doctors Was A Double-Edged Sword

In the early spring of 1970, I graduated from college and went to work as an insurance underwriting trainee. As those inside the industry know but those outside generally do not, "underwriter" has two very distinct meanings, depending on which type of insurance you are discussing.

If it is Life Insurance, "underwriter" is nothing but a glorified word for "salesman". Underwriting is a term dating back to Edward Lloyd's coffee house in London. Rich men interested betting on the safe arrival of a cargo ship would sign (write) their names under the description of the ship, the cargo, and the risk involved.

But in Life Insurance, the salesman-underwriter passes the application to the real underwriter at the company office. That person decides whether or not the potential risk outweighs the chance of profit, and eventually word reaches the customer: He can have his coverage at the price quoted, or he cannot.

In Commercial Property and Casualty Insurance, an underwriter is the "real thing", and that is the sort I hired on to be. The company office was in Spokane, Washington. After a year's worth of on the job training and three additional weeks studying in our nation's insurance capitol of Hartford, Conncecticut, I was given my first book of business to maintain.

Part of that book was composed of physicians' and surgeons' professional liability insurance. At that time a General Surgeon without a nasty claims record could obtain coverage for around $5,000 per year in premiums.

Ask your friendly surgeon what he pays today and see what answer you get. Inflation in that field of insurance has been truly astronomical.

In a way, insuring doctors, nurses, dentists, chiropractors, and even hospitals throughout eastern Washington, northern Idaho, and all of Montana became my favorite part of my job. Most of the health practitioners were highly competent professionals with zero claims

But there were some jim-dandy exceptions. The country boy out of the Big Sky Country of Montana was about to get a real education.

They Call It The Big Sky Country For A Reason

A Bit Of A Look At The Big Montana Sky
A Bit Of A Look At The Big Montana Sky

I Was On The Inside Now

There were many insurance files involving doctors. To get through a day easily, naturally, part of me hoped for a batch of good, claims-free files to hit my inbox each morning. The other part of me, the morbidly curious part, perked up when I saw one of The Uglies. No, my coworkers did not call them that...but that is what they were. Here are some examples, all exactly true.

Where memory is even the slightest bit unclear, I have erred on the side of caution. In other words, the claims described were often worse than I state here:

1. The "usual" assortment of items left inside patients after surgery. There have been some unbelievable cases discovered over the years. Fortunately (if you can call it that), our office had only heard about sponges, clamps, and one (ouch!) pair of scissors.

2. The general practitioner from central Washington who had immigrated here from the Pacific Rim. He had already inspired several claims against himself, with the most serious (so far at least) involving a patient's broken leg. His treatment was so inept that the patient lost the limb, with the file indicating this never should have happened. The M.D. was scheduled to appear at a court hearing in Spokane but disappeared two days before the hearing date.

Our underwriting staff generally agreed that there seemed to be only two possibilities: Either he had cut and run to who knows where, or the folks in his area had planted him somewhere he was unlikely to be found, perhaps to fertilize a wheatfield or some such. When I left the insurance company three years later, he still had not surfaced.

3. Without doubt the most heartrending case involved a little boy just four years of age. He had managed to jam a small, squarish red plastic bead in his ear to the point that his mother could not get it out. It was during the evening, but Mom had the home number for her boy's pediatrician in her address book. The doctor agreed to meet them at his office.

By the time he got the bead out of the boy's ear, the M.D. had also destroyed every delicate bone he could reach--short of piercing the skull itself. The kid would never have hearing in that ear again, and the pain levels were most likely beyond what most of us could imagine.

How could such a thing happen? From notes in the file, it was clear that, (A) this man was a hardcore drug addict, most likely helping himself regularly to prescription medications for so-called recreational use. The night he ruined the boy's ear, he was high as a kite. (B) Not only were other doctors unwilling to take action against one of their own, but they were physically afraid of him. He stood only five-feet-four but was known to have a towering temper and to carry a loaded pistol in his little black bag at all times.

Not only that, but my superiors at the insurance company were also afraid of him. They did want to get rid of him as a client, big time, but were trying to figure out how to cancel or non-renew his insurance coverage without admitting the real reason: That he was simply a menace to society who should have been locked up for life

There was one more example that came to mind as I was planning this Hub.

This Guy Set The Standard For Dangerous Doctors

Does This Surgeon Remind You Of Anyone?
Does This Surgeon Remind You Of Anyone?

Let's Hope You Don't Meet This Man In A Lighted Operating Room

About a year before I decided to change jobs and leave Spokane, a fascinating ALERT!! crossed my desk. As we were required to do, I read it, initialed it, and passed it on to the next underwriter on the list...but not before I memorized its contents, even going to far as to make a copy to keep handy "forever".

The ALERT!! was warning all company personnel to be on the lookout for a particular doctor. If we saw an application come in with his name on it, we were to immediately decline to cover him.

No kidding. This fellow had left California and moved to Hamilton, Montana, which was part of my underwriting territory. In California 32 lawsuits for malpractice were pending against him. Even so, he was known to be actually practicing medicine in Hamilton. Fortunately, I never saw his name on an application. When I later moved to Hamilton (long story), he was long gone from that community as well.

Final note: I am definitely not disrespecting doctors as a group. I have the greatest respect for the best of them. The 65-year-old surgeon who repaired a hernia for me on March 1, 2006, could not have been more skilled. I am quite certain he left nothing behind that was not supposed to be there, the entire operation was done under a local anesthetic (meaning I was conscious the entire time), and the results were fantastic.

On the other hand, it does pay to investigate your surgeon's reputation before putting yourself under the knife. Even after investigating, if you see a chainsaw sitting on the counter...run.

Thanks for reading,

Ghost32

Ten Reasons Why Most Victims Recover Nothing

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Bonnie Ramsey profile image

Bonnie Ramsey  says:
2 years ago

Hi, Ghost!

Very interesting Hub, although frightening. You hear these horror stories all the time and you just think that it can't happen to you. Unfortunately, it can happen to anyone and in most cases, we are just at the mercy of our physicians. It would always be good policy to check your physician out thoroughly before letting them do anything invasive! Thanks for posting this as an eye opening reminder!

Bonnie Ramsey

Ghost32 profile image

Ghost32  says:
2 years ago

Thanks for the on-target comment, Bonnie. You are right on target about checking your physician out thoroughly. Sometimes even that does not help, though. For example, while working in an underground mine in 1968, I received an injury that split my left index finger open like a sausage left too long in boiling water. It was an evening shift. We wrapped it and left it until the next morning, when I visited a doctor in Deer Lodge, Montana, who had been our family's primary physician since I was about four (and I was now 24). He TRIED very hard to get me to schedule repeat visits when all I needed was a butterfly bandage. WHY? Because Workers Compensation would PAY him on time, and he wanted to milk it for all it was worth. He did not succeed with me, but he didn't increase my trust of the medical profession, either.

Ghost

Bonnie Ramsey profile image

Bonnie Ramsey  says:
2 years ago

I certainly understand this, too! My husband fell from a semi trailer at work in 2006 and broke his back. We were very fortunate that he only received a crushed vertebrate. However, when the ambulance got him to the nearest hospital and they ran all the usual tests, they sent him by ambulance to our state's trauma hospital where they had a neurosurgeon standing by to get him into surgery. Fortunately, this doctor was not knife happy and want to milk the workers comp and told hi it would be in his best interest to heal on his own if we could keep the bone fragments from shifting into the nerve endings in his spine. After 3 months off work, he went back on light duty. Of course, he will always have pain but after talking to so many who have had back surgery, I think it will be more tolerable than if he had done the surgery. But I am aware that most doctors today would have jumped into their OR scrubs and jumped on the workers comp income without a second thought to the long term effects it would have on him. I am thankful every day that we were so very lucky to get this doctor because I would have never thought twice if he mentioned surgery since we had already been told by one that he would need it.

I hope your finger healed well! I had the same thing to happen when I was doing factory work and got it in a snap machine. I just worked for a company that didn't even want me to take time off to go to the hospital, much less have anything major done on it! lol. But it all worked out ok in the end!

Bonnie Ramsey

Just Toyia profile image

Just Toyia  says:
2 years ago

What is the best way to check out a doctor?

Ghost32 profile image

Ghost32  says:
2 years ago

Toyia, you ask a VERY good question. I'd be most interested in ways other readers have found to check out doctors over the years. My wife and I rely on the following:

1. Referral from people who use that doctor. IF the people who are doing the referring are pretty sharp, there is no better way to get the inside scoop. You do have to watch out for the folks who consider medical people to be more than human, though--many of these types will praise a doctor who does not deserve it.

2. TRUST YOUR INSTINCT. I cannot over emphasize this angle. If just looking at the doctor's name or photo in the Yellow Pages gives you a warm fuzzy inside, it is not necessarily proof that he (or she) is the one you need. But if  something creeps you out even a little about that person, PAY ATTENTION. Such a warning is seldom wrong.

3. ASK HIS STAFF UP FRONT. Huh? That's pretty bold, you're thinking? Yup. But it can help. Whenever I'm looking for a new doctor for my wife, and we think maybe we've found one (often enough from the Yellow Pages), I get nosy. I call his office and ask the person who answers (1) is he accepting new patients who are complex cases (my wife is), (2) does he tend to LISTEN to a tiny, female patient, or is he/she the kind of doctor who does the talking and expects you to bow down?

It can be pretty amazing, the kind of information you find out that way.

4. TAKE THE MEDICAL SPECIALTY INTO CONSIDERATION. Pam and I have had nothing but trouble with NEUROLOGISTS, even filing a written complaint on one of them with Medicaid when we lived in Montana. GENERAL PRACTITIONERS are "kind of OK", and we have had REALLY GOOD LUCK with INTERNISTS, who are used to dealing with really tough cases (that is, really sick people).

5. CONSIDER GENDER. My wife does very well with certain male doctors but has yet to encounter a female doctor she could stand--with one exception, a specialist who did a heart stress test for her. That lady didn't much like MEN (meaning she didn't like me), but she did VERY well for Pam.

6. Sometimes you simply CAN'T truly check a doctor out fully until you've seen him a few times. We had a TERRIBLE experience with a guy like that in Anaconda,  Montana, and it was not until her 3rd appointment that we fully realized what a nasty person he truly was. When we parted company with THAT dude, he even managed to destroy nearly all of her medical records (going back more than 10 years). Point being: If you find out a doctor is NOT acting in your best interest, NEVER be afraid to cut your losses and GET OUT.

Ghost32 profile image

Ghost32  says:
2 years ago

Yes, Bonnie, my finger healed just fine. There remains only an almost invisible, hairline-fine scar about an inch and a half long, but virtually no scar tissue, plus total comfort and flexibility. So in the end, no harm, no foul.

I do not envy your husband his back situation. My father (he passed in 1997) had his back give out while working on his ranch in 1961. He subsequently underwent a spinal fusion at a VA hospital, using bone from his right leg. Although his upper body strength never deserted him to the day he died, the rest was another matter. His back was always super touchy after that, and he had nearly as much trouble with the leg where they had removed bone.

Summary: Avoiding surgery whenever possible surely seems like the better way to go as far as I can tell!

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