Make sure you and your practice are properly covered when allegations arise.
Medical Professional Liability for Physicians. What you need to know. The Hippocratic Oath makes a physician’s promise clear; first, do no harm. But what are the legal elements of medical malpractice? And what are the critical protective elements in your practice?
Let’s break it down. Liability may arise from errors in diagnosis, treatment, and aftercare or event health management. And perception alone can color what a patient believes after an adverse event. Safeguards are built in to the process in some states to create a cooling off period, but even so, allegations can occur. It is important therefore to know that for a medical malpractice claim to be proven the following criteria must all be present:
- There must exist a duty of care,
- breach of that duty of care,
- direct connection between the injury and the breach of duty, and
- actual damages.
Key protective elements in your practice include careful adherence to standard of care, and thorough delivery of informed consent. But if despite your best efforts you find yourself drawn into a lawsuit, (and in some specialties it is more common) it will benefit you if your medical malpractice insurance was chosen very thoughtfully. It will also benefit you if periodically you review coverage with your agent, consider the reasons for your choices, and discuss current options that may apply. This ensures that you are aware of any changing medico-legal matters, and considering insurance conditions in your state. Keep in mind that medical malpractice insurance is not even required in every state though it is prudent. In certain states, physicians must carry minimum limits of medical malpractice insurance. In other states no such requirement exists.
In Massachusetts, physicians are required to carry medical malpractice insurance. Health system and insurer credentialing may also mandate their own requirements. But, regardless of these external demands, protecting your assets through a thoughtful process is a prudent decision.
Whether you’re solo or in a physician group, Physicians Insurance can customize a policy to meet your individual, entity, or group needs. Premiums depend on many variables, including, but not limited to: specialty, procedures, hours, claims history, entity type, and geographic litigation patterns. There are a variety of medical malpractice coverage designs, and limits vary from state to state. Physicians Insurance is proud to work with a growing selection of highly rated carriers and offers occurrence, claims made and modified claims made coverage. It is important to remember when considering purchasing a medical malpractice policy that regardless of basic rates, various credits and discounts may be available.
Credits & Discounts That May Apply:
- Claims Free
- Part-time Practice
- Moonlighting
- FTCA
- New to Practice
- Emergency Physician
- Fetal Heart Monitoring
- OB Simulation
- Shoulder Dystocia
- Risk Management Program
- Specialty Society Program
- Experience Rating/Schedule Rating
Physicians Insurance regularly reviews client eligibility for credits as practice conditions change and will exhaust all options to maximize your credits. If you have questions, ask us how we can help.
