AMA House of Delegates
AMA meeting: Hospitals may be trying to recoup settlement money
■ New Mexico delegates say they are seeing more and more claims against physicians after liability cases are over.
By Doug Trapp — Posted June 28, 2010
- ANNUAL MEETING 2010
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Chicago -- The American Medical Association Board of Trustees will examine how frequently hospitals sue physicians to recover the cost of medical liability settlements, according to new policy adopted June 15 at the AMA Annual Meeting.
"We thought this was very much worthy of study by the board," said Albuquerque, N.M., nephrologist Steven Kanig, MD, a delegate for the New Mexico Medical Society, which introduced the resolution.
Dr. Kanig's wife, Barbara McAneny, MD, an oncologist and new member of the AMA Board of Trustees, said she found out about the issue from a physician colleague. The colleague -- a hospital employee -- was the subject of a medical lawsuit. The hospital settled the case but filed a claim against the physician after the doctor left the job. The issue is still being litigated, Dr. McAneny said.
These lawsuits are increasingly common for contract physicians and those who leave hospitals to pursue other employment, Dr. McAneny said, citing conversations she's had with liability insurance brokers.
The policy directs the AMA to investigate the frequency of these suits. It also calls on the Association to write model contract language physicians can use to prevent hospitals from settling lawsuit claims and then suing to recover settlement costs.
Several delegates spoke in support of the resolution, including members of the Young Physicians Section and the Organized Medical Staff Section.
New Mexico Hospital Assn. President and CEO Jeff Dye said he was not familiar with the case or trend cited by Dr. McAneny. Dye plans to ask hospitals in his organization if they have pursued this type of lawsuit.
Dye said he will examine the issue, but he doubts these cases are common. "It just seems really counterproductive that [hospitals] would go after their own doctors in that manner."
