Medical Liability Solutions |
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Company description::
06/06/03
Retiree takes on medical malpractice
Lukasik has 'invented' solution
During his career as a patent attorney for the U.S. Air Force, Frank Lukasik of Punta Gorda was assigned to put a stop to "$1,000 toilet seats and $5,000 hammers."
He was awarded bronze, silver and gold medals for his accomplishments.
Semi-retired Lukasik is now applying those skills in an attempt to solve Florida's medical malpractice insurance crisis. And he's applying for a patent on his solution.
"I was just reading about all the problems with medical malpractice," he said Thursday. "I thought, there has to be a better way."
In Florida, the number of insurance companies willing to provide malpractice insurance has dropped to four. Those companies are jacking up premiums to astronomical levels -- and that is driving doctors to other states.
Doctors are blaming excessive litigation, jury awards and court costs.
Lukasik's solution: establish an alternative system that would require each patient to sign a contract. The patient would agree that any compensation for a medical accident or mistake would be settled by certain limits established in the insurance policy. The compensation limits would be fixed at the average amount awarded nationwide for the same type of mistake, injury or prognosis.
Lukasik pointed out that data banks already exist to calculate the average malpractice awards. Florida, for example, tracks every malpractice claim paid.
Lukasik also cited a recent publication by Jury Verdict Research titled "Medical Malpractice: Verdicts, Settlements and Statistical Analysis." That document, which analyzed 93,000 verdicts, could serve as the basis for compensation limits, he said.
Before compensation would be granted, however, a panel of medical experts would determine if the physician was liable. The panel would replace a "jury of (medical) amateurs" in the current court process, Lukasik said.
If the patient is dissatisfied with the settlement, arbitration would be mandatory. The arbitration would pit the patient against the insurance company. Doctors wouldn't be required to participate, Lukasik said.
Lukasik believes his system would:
* Eliminate attorneys' fees.
* Provide fair awards for real injuries.
* Speed up payment.
* Reduce frivolous lawsuits.
"I really believe this is the solution -- not just a way to make money," said Lukasik.
However, Lukasik is also hoping he can profit from his enterprise. He has applied for a U.S. patent for his intellectual invention.
Lukasik has sent proposals to nine insurance companies around the U.S., hoping to convince them to buy the exclusive right to "pioneer the new concept." He would earn a royalty if they accept.
Lukasik figures his idea could have a nationwide market. Each year in the U.S., more than 85,000 malpractice lawsuits are filed, 24,000 claims are settled and $3.8 billion is paid to plaintiffs. Legal expenses total $1.1 billion and most of that goes to about 1,000 law firms that specialize in medical malpractice, Lukasik states in his business proposal.
However, Lukasik also said the idea may prove suitable for nonprofit insurance groups. He suggested that doctors form such groups and implement his system.
To date, none of the insurance companies queried have replied.
At least two local physicians, however, welcomed Lukasik's efforts.
"Absolutely, it is honorable to have someone spend their time to look at the medical malpractice issue and come up with reforms," said Dr. Ruben Guzman, an obstetrician/gynecologist who practices in Port Charlotte. "My God, it seems that (Lukasik) is trying to address many of the key issues involving a lawsuit."
Guzman knows about the malpractice crisis firsthand -- and he has never had to pay a claim. Guzman recently was forced to quit the obstetrics portion of his practice due to spiraling insurance premiums. Guzman will continue to provide gynecological services and remains in practice in Port Charlotte.
Guzman pointed out that malpractice cases can take years to resolve. Juries often base awards on emotions. And patients often get only 40 percent of the awards. Attorneys, expert witnesses and other fees consume the rest.
"Anything that looks at evaluating cases with peers, and speeding up compensation for those truly injured is welcomed," Guzman said. "But, I think if you're eliminating trial lawyers, they won't go for it."
"Right now, everybody's thinking 'inside the box,' " said Dr. Mark Asperilla, a leading member of the Charlotte County Medical Society. "We need to find a better way."
However, both doctors added that further analysis would be needed before they could endorse Lukasik's proposal.
You can e-mail Greg Martin at gmartin@sun-herald.com
By GREG MARTIN
Staff Writer Sun Hearld
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