This writer recently came across an article titled “MDVIP Becomes First Concierge Medicine Practice to Lose Medical Malpractice Case.”
The article describes a lawsuit successfully brought by a plaintiff in Florida against a “concierge medical practice.” Such organizations receive annual membership fees – in this case $1500 – in addition to a patient’s insurance premiums, for greater access to doctors and more personalized care. The article estimated that 6,000 doctors nationally have moved to “concierge-style” practices in the past 15 years, and the number is apparently growing.
In this case, a doctor affiliated with MDVIP was found negligent in his care of the decedent, and more importantly, that MDVIP was liable for that doctor’s negligence. While this case was in Florida, some of the same principles apply in Washington state, particularly the concept of apparent agency, whereby the negligent doctor isn’t specifically an employee (which would be actual agency) but where a reasonable patient understands that the negligent doctor is acting with authority of the principal (in this case MDVIP).
Other actions against such principals, like hospitals and clinics, and also concierge medical practices, can involve an organization’s own negligence in failing to properly scrutinize which doctors are hired by or affiliated with the organization, or negligence in supervising such agents.
Concierge medicine practices exist in Washington state. A simple google search brings up a number of organizations in Seattle offering services similar to those described above. In some ways, it is a response to how modern medicine has developed, trading the personal touch of a long time physician who intimately knows a patient’s health history for a managed care model that prizes efficiency.
One reason we might not see an influx of lawsuits against concierge medicine practices is something written about before on this blog, and also cited in the article: “while concierge physicians are not immune from malpractice suits, they are less likely to face them because they spend more time with patients than most doctors . . .”
You can read the full article here:
[MDVIP Becomes First Concierge Medicine Practice to Lose Medical Malpractice Case][1]
[1]: http://www.physiciansnews.com/2015/02/13/mdvip-becomes-first-concierge-medicine-practice-to-lose-medical-malpractice-case/ “MDVIP Becomes First Concierge Medicine Practice to Lose Medical Malpractice Case”
