Don’t know where to start?
As important as finding the right answers to your insurance questions is knowing what questions to ask. For example:
- Your decision to activate or inactive a state medical license can have a drastic impact on your medical malpractice insurance and cost you a lot of money.
- Moving to another state can end up costing you in malpractice insurance.
- The quality of your tail coverage is, quite possibly, the most important detail of your malpractice insurance.
- If the insurance company that provided your tail coverage goes bankrupt, you are left without coverage.
- If your malpractice insurance carrier goes bankrupt, are you covered by your State Guarantee Fund?
- Litigation stemming from who is responsible for paying for tail coverage is not uncommon when a physician leaves a group practice.
- The claim trigger in your malpractice insurance policy is one of the most important features of your malpractice insurance coverage.
- Standard malpractice insurance policies exclude coverage for the administrative acts of a medical director.
Start with the do’s and dont’s.
Even the best coverage requires best business practices to ensure your practice is protected against future claims that may arise. Consider these legal tips, whether you’re seeking new coverage or not:
DO report remarks made by any doctor critical of your services.
DO retain complete records reflecting dates, diagnosis and treatment. Do not overlook making entries of telephone conversations. Records will refresh your memory and serve as the basis for your defense if you are sued. Claims may arise years after services are rendered.
DO require pre- and post-procedure x-rays in foreign body, fracture and dislocation cases. Successful defense requires them. X-rays are the property of the doctor taking them and possession should not be surrendered. Reports of x-rays and laboratory procedures should be retained as part of your records.
DO avoid filing suits for collection of fees until counterclaims alleging negligence are barred by the statute of limitations. Fee suits should not be filed or threatened without your written permission in each case.
DO report to the Company or its representatives immediately after any unusual occurrence, accident or mistake in your practice, or before attending an inquest in any case which may give rise to a claim against you.
DO consult the Home Office or a Company representative before complying with any request to discuss or make a statement concerning professional services you have rendered if a claim is filed or anticipated. We want to be of service to you.
DO NOT disclose you carry professional liability insurance nor reveal any information relative thereto.
DO NOT admit responsibility for any injury nor make promises suggesting liability.
DO NOT contract any expense, assume any liability; make any settlement; nor agree to a review of a case by any arbitration committee, medico legal panel or other quasi-judicial body, unless mandated by state statute, without the consent of the Company.
Re-printed with permission from The Medical Protective Company.
All rights reserved.
Sopyla & Associates, LLC is not a law firm, we are not attorneys and therefore do not provide legal advice. We recommend you consult with a competent attorney for all legal matters.