Insurance Company Sued Raising Insurance Rates

The Los Angeles Times and the Associated Press  report  health insurance rate increases by Anthem Blue Cross resulted in lawsuits by policy holders.

The suit, which could gain class-action status, alleges that Anthem has violated "state law by closing certain policies to new members while illegally offering remaining customers alternative plans with fewer benefits at higher rates."

Meanwhile, the Kansas Health Institute has a package of stories about a malpractice case being considered by the Kansas Supreme Court in which the justices could determine if the state's caps on medical malpractice awards are constitutional.  The case involves a woman whose doctor removed the wrong ovary resulting in an award that was reduced based on the State's cap on medical malpractice lawsuits.

There is no argument that medical care costs have to be curtailed and are out of control.  Insurance companies are gouging  consumers by increasing rates to unattainable levels leaving people and businesses without insurance.

At the same time that medical negligence caps are unfairly limiting consumers rights to recover for genuine mistakes their doctors make.

And the legislature continues to mull over health care reform while the democractic majority leader, Harry Reid, suffer's personal set back relating to his wife and daughter's injury when a semi tractor rearended the car they were in. 

 

Hospital Cleared in Deportation of Brain Damaged Man

DEBORAH SONTAG of the  The New York Times reports "In a benchmark case dealing with the obligations of hospitals toward uninsured illegal immigrants, a jury in Stuart, Fla., decided Monday that Martin Memorial Medical Center did not act unreasonably when it chartered a plane and repatriated a severely brain-injured Guatemalan patient against the will of his guardian."

The Hospital prevailed and the man was sent via chartered plane back to Guatemala.  You can read the entire article by clicking here.

Medical Malpractice Reform

The Nevada Assembly voted 26-15 on Monday to pass legislation that would remove a $350,000 cap on jury awards for non-economic damages in medical liability lawsuits, the Las Vegas Sun reports.

The cap was approved by voters in 2004 after concern was raised that higher medical malpractice insurance premiums were driving some doctors out of the state.

The bill would permit unlimited damages for instances of gross negligence and would give patients an additional 12 months to decide if they want to file a lawsuit (McGrath Schwartz, Las Vegas Sun, 4/20).