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Increasing Liability Premiums in Obstetrics - Analysis, Effects and Options.
P Soergel1, O Schöffski2, P Hillemanns1
1Department of Gynaecology and Obstetrics, Hanover Medical School, Hanover. Abteilung für Gynäkologie und Geburtshilfe, Medizinischen Hochscule Hannover.
Rising medical malpractice insurance premiums, particularly in obstetrics, are straining healthcare providers. A comprehensive solution involving increased remuneration and a liability fund is needed to address these financial burdens and ensure continued professional practice.
Area of Science:
- Medical Law
- Healthcare Economics
- Obstetrics
Background:
- Medical malpractice and associated liability insurance costs are increasing significantly in Germany.
- Liability in healthcare is rooted in the doctor-patient relationship, recently codified by the Patients' Rights Act.
- Obstetrics faces particular challenges with high liability payments for birth-related injuries, impacting hospitals and providers.
Purpose of the Study:
- To analyze the impact of rising liability insurance premiums on healthcare professionals, especially midwives.
- To explore potential solutions for mitigating the financial burdens of medical malpractice in obstetrics.
- To discuss the effectiveness of proposed measures and suggest a coordinated approach.
Main Methods:
- Review of legal frameworks, including the Patients' Rights Act and the Statutory Health Insurance - Quality and Further Development Act (GKV-FQWG).
- Analysis of cost components of malpractice claims in obstetrics.
- Examination of proposed solutions and policy debates surrounding liability insurance for medical professionals.
Main Results:
- Malpractice claims, particularly those involving birth injuries, lead to substantial financial costs and increased premiums.
- Current subsidies for midwives' liability premiums (since 2014) have not fully resolved the issue.
- Proposed solutions like quality management, risk management, and indemnity funds have not yet proven entirely convincing.
Conclusions:
- A coordinated approach combining various solutions is necessary to address the escalating liability costs in obstetrics.
- Increased remuneration per birth, accounting for liability premiums, is suggested.
- Establishing a liability fund to cover claims above a certain threshold is recommended for medium-term sustainability.
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