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PROFESSION

Frivolous suits feel wrath of Medical Justice

One physician hopes legal insurance could be one way to help halt the medical malpractice crisis.

By Tanya Albert, amednews staff. Feb. 11, 2002.

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As physicians in states hardest hit by rising medical liability insurance premiums work on legislation that could help ease the problem, one neurosurgeon is trying a different solution: a new brand of insurance.

Jeffrey Segal, MD, this month launched an insurance policy for physicians that aims to provide them with the legal resources they would need to countersue lawyers or expert witnesses filing frivolous lawsuits.

As part of the policy, the physicians' names also will go on a Web site that Dr. Segal hopes will serve as a deterrent to frivolous lawsuits being filed in the first place. The thought is that plaintiff attorneys and expert witnesses who were thinking about filing such a suit would see that a physician carries the insurance and think twice.

The insurance -- called Medical Justice -- is part of the growing trend of "niche insurance" that aims to address a problem in a specific area. Some forms of this insurance have thrived but it's difficult to say how many doctors will buy legal insurance.

"The potential to countersue has always been there, but I wouldn't buy insurance for that," said Hollywood, Fla., vascular surgeon Arthur E. Palamara, MD.

But Dr. Segal's research shows there are doctors willing to pay between $500 and $1,000 annually for some protection and the potential for revenge against lawyers and hired-gun medical expert witnesses.

Tampa, Fla.-based U.S. Legal Services -- an insurance company that provides legal service plans -- sees the potential. The company will administer Dr. Segal's patented concept. [...]

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Copyright 2002 American Medical Association. All rights reserved.