Municipal-hospital doctors would be more accountable if they had to buy their own malpractice insurance instead of relying on the city to defend them against lawsuits, the head of the municipal system says.
In a daring proposal, Dr. Luis Marcos told The Post he believes doctors would “tend to be more alert and more vigilant” if they were more directly in the line of fire for errors and oversights.
“You have a situation where you’re removed from the implications or circumstances of your action, which is what’s happening now,” Marcos said.
“Having been here several years and seeing mistakes and the reaction to mistakes, I believe it will be a sign of maturity, self-reliance and self-sufficiency if we can accept that responsibility.”
Malpractice policies typically cost doctors $5,000 to $90,000 a year, depending on the speciality.
Marcos’ proposal is certain to generate controversy and opposition.
The city spent about $390 million last year to settle personal-injury lawsuits, including $121 million at the Health and Hospitals Corp. Like all municipal employees, HHC doctors are covered by the city when they get sued.
Maureen Connelly – a spokesman for the Doctors’ Council, which represents HHC physicians – made it clear the union would vigorously oppose Marcos’ plan.
“There is statutory protection in New York state which provides indemnification for acts of negligence by all municipal employees,” she said.
One malpractice expert who deals with local hospitals said Marcos might be able to save money if he can “get bargain group rates from the [insurance] carrier.”
But the expert, who asked to remain anonymous, said that remains a big question.
“I don’t think it’s the behavior of the doctors, so much as the system itself, that would generate more injuries,” he said.
Privately owned hospitals usually cover their staff doctors’ legal costs, while requiring attending physicians with admitting privileges to buy their own insurance.
Marcos conceded that his idea needs to fleshed out, and must be negotiated with the city, the doctors employed by HHC, and the medical schools with which HHC has affiliation contracts.
“We will have to sit down and figure out how we pay for this,” said Marcos. “A lot of work will have to go into this.”