Other Malpractice News (Excerpt from Kaiser Network Daily Report, December 23, 2004)
* Florida: The risk of medical malpractice lawsuits is discouraging radiologists in the state from offering mammograms, and the state Legislature should consider increasing legal immunity for radiologists who specialize in mammography, a task force created earlier this year to study the issue said this week, the St. Petersburg Times reports. According to the task force, concern about lawsuits has impacted access to care for women seeking mammograms by discouraging medical students from choosing to specialize in mammography. Task force members said that four breast-imaging fellowship programs in Florida each have six available seats, and a recent survey of 211 radiology residents showed that 63% of students would not accept a fellowship in breast imaging. The task force, composed primarily of radiologists and insurance industry representatives, said that to attract more radiologists to the field, the state Legislature should impose a $150,000 cap on noneconomic damages in malpractice cases against mammogram providers. Critics of the recommendation, including the Florida Academy of Trial Lawyers, said that the task force's findings are based on "inconclusive evidence," such as national studies and anecdotal evidence, according to Betsey Herd of Wagner, Vaughan & McLaughlin. The critics added that other factors, such as low income and lack of insurance, are more "critical" than rising malpractice claims in preventing women from getting mammograms, according to the Times (Johnson, St. Petersburg Times, 12/18).
