CHARLESTON, W.Va. - After an initial plunge in the wake of reforms, the number of medical malpractice lawsuits against doctors and hospitals in West Virginia has increased steadily over the past three years, according to data from the state Medical Association.

But the group's leaders say there's no cause for alarm.

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An improved medical malpractice climate in West Virginia has prompted a Texas company to write policies for state doctors. Last week, Sheldon Davidow, chief executive of Medicus Insurance Co., stopped at Saint Francis Hospital to talk to CEO Dan Lauffer about the company’s expansion plans.

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In 2003, 315 lawsuits were filed against doctors and hospitals across the state, compared to 174 last year, according to the medical association's report.

"We have had a significant turnaround in West Virginia as a result of reforms in 2001 and 2003," said EvanJenkins, the group's executive director. "West Virginia has gone from one of the worst crisis states in terms of its medical liability climate to one of the better states in the country."

Nonetheless, the medical association's data show that malpractice lawsuits increased from 130 in 2004 to 174 last year, a 34 percent increase.

The numbers skyrocketed to 273 in 2005, but 126 of those claims were against disgraced former Putnam County surgeon Dr. John King.

Through July of this year, 75 malpractice cases were filed.

"Over the past several months, we've seen an uptick in the number of suits," Jenkins said.

In 2001, legislators passed laws that put a cap on non-economic damages in malpractice cases - now set at $500,000. Another law established more stringent guidelines for proving a malpractice claim.

Two years later, the Legislature created the West Virginia Physicians' Mutual Insurance Co. - a group that insures about 70 percent of West Virginia doctors who have coverage through a commercial carrier.

Lawmakers set up the mutual after private medical liability insurance providers canceled many doctors' policies.

"The mutual has brought stability to the availability and affordability of insurance," said Jenkins, who also serves as a state senator from Cabell County. "The legislative reforms are working."

CHARLESTON, W.Va. - After an initial plunge in the wake of reforms, the number of medical malpractice lawsuits against doctors and hospitals in West Virginia has increased steadily over the past three years, according to data from the state Medical Association.

But the group's leaders say there's no cause for alarm.

Malpractice claims in recent years are far below the numbers reported at the height of West Virginia's malpractice crisis.

In 2003, 315 lawsuits were filed against doctors and hospitals across the state, compared to 174 last year, according to the medical association's report.

"We have had a significant turnaround in West Virginia as a result of reforms in 2001 and 2003," said EvanJenkins, the group's executive director. "West Virginia has gone from one of the worst crisis states in terms of its medical liability climate to one of the better states in the country."

Nonetheless, the medical association's data show that malpractice lawsuits increased from 130 in 2004 to 174 last year, a 34 percent increase.

The numbers skyrocketed to 273 in 2005, but 126 of those claims were against disgraced former Putnam County surgeon Dr. John King.

Through July of this year, 75 malpractice cases were filed.

"Over the past several months, we've seen an uptick in the number of suits," Jenkins said.

In 2001, legislators passed laws that put a cap on non-economic damages in malpractice cases - now set at $500,000. Another law established more stringent guidelines for proving a malpractice claim.

Two years later, the Legislature created the West Virginia Physicians' Mutual Insurance Co. - a group that insures about 70 percent of West Virginia doctors who have coverage through a commercial carrier.

Lawmakers set up the mutual after private medical liability insurance providers canceled many doctors' policies.

"The mutual has brought stability to the availability and affordability of insurance," said Jenkins, who also serves as a state senator from Cabell County. "The legislative reforms are working."

The physicians' mutual, which has strong ties to the medical association and covers about 1,700 doctors, dropped its malpractice premium rates last year and the year before.

Another indication of West Virginia's improved malpractice insurance climate: For the first time, an out-of-state insurance company is aggressively competing against the physicians' mutual, offering doctors lower rates.

Austin, Texas-based Medicus Insurance Co. started doing business in West Virginia five months ago. The company has written policies for about 40 doctors, with a goal of signing up more than 200.

Medicus is offering to save doctors 5 to 10 percent on their malpractice premiums, depending on the physicians' specialty.

"We're saying doctors are being charged too much, and they ought to come talk to us," said Sheldon Davidow, Medicus' chief executive officer, who met with hospital executives and physicians in Charleston and at The Greenbrier resort in White Sulphur Springs last week. "There's been no competition here. We think West Virginia is going to be one of our top territories in the country."

Davidow praised West Virginia's malpractice reforms.

"What tort reform does is it gets more doctors practicing medicine, particularly in the high-risk specialties and in rural areas," he said. "There's less defensive medicine being practiced."

Jenkins said it was inevitable that competing insurers would come to West Virginia because of the improved malpractice climate.

"Insurance companies are always looking for an attractive place to do business," Jenkins said. "The numbers in West Virginia indicate we have an improved environment. If Medicus and others didn't see an improved picture they wouldn't come to West Virginia."

A state Department of Insurance report shows that the number of paid malpractice claims has dropped every year since 2001, but increased in 2006. One out of every three malpractice lawsuits is being dismissed before going to trial.

About 60 percent of claims are being settled out of court, according the state insurance department's annual malpractice report.

Jenkins said West Virginia's malpractice reforms are still under attack by trial lawyers, and that the state Supreme Court has yet to rule on the constitutionality of the changes.

"The Supreme Court could undo all of our legislative efforts and cause us to go back to the crisis days," Jenkins said. "The question is will the improvements be sustainable?"

Reach Eric Eyre at erice...@wvgazette.com or 348-4869.