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Medical
Malpractice News
Department Approves Dissolution Plan For Medical Malpractice Insurance Association (Mmia)
Superintendent of Insurance Neil D. Levin announced that the Department has approved a dissolution plan of the Medical Malpractice Insurance Association (MMIA), transferring all old liabilities to the Medical Liability Mutual Insurance Company.
"The Department’s approved plan succeeds in privatizing the obligations of MMIA and does so through the largest writer of private medical malpractice insurance in New York State," said Levin.
The Department was required to approve a dissolution plan by April 30th, that maximizes the value of MMIA to the state, without impairing or impeding the operation of the voluntary medical malpractice insurance market or limiting the access to medical malpractice coverage for health care practitioners or facilities insured by the MMIA.
The Department held a public hearing to review the Department’s proposed plan for the dissolution as well as dissolution plans proposed by other interested parties on March 29th.
In addition, the Department is reviewing proposals regarding distribution to authorized medical malpractice insurers for the insureds of MMIA and health care practitioners and facilities, which will otherwise be unable to secure coverage in the voluntary market. A regulation prescribing a plan for this equitable distribution, which will be the subject of a public hearing to be held at a later date, must be promulgated prior to July 1st.
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Definition:
Liability in which each liable party is individually responsible for the entire obligation. Under joint-and-several liability, a plaintiff may choose to seek full damages from all, some, or any one of the parties alleged to have committed the injury.
Acute Pain
Definition:
Pain that has a known cause and occurs for a limited time. Acute pain usually responds to treatment with analgesic medications and treatment of the cause of the pain.
Medical negligence
Definition:
Failure of a physician or other medical personnel to meet the standards of conduct for duties relating to the medical profession. Those standards are based on what a reasonable person with the requisite knowledge and skills would or would not do.
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