Securing Medical Professional Liability Insurance Coverage

Tips for Doctors Looking for Malpractice Insurance

By Dr. David Edward Marcinko; MBA, CMP™

[Publisher-in-Chief]

dem2The following are buying tips for healthcare professionals who are shopping for medical professional liability insurance coverage:

** Shop well in advance of your renewal or expiration date. Your agent should have all of the necessary information to the insurer at least six to eight weeks before your coverage expires.  See below for more tips and  the type of information your agent will need.

** If you do not know an agent who can place your coverage, the Bureau of Insurance has a list of agencies that are licensed and appointed with at least one of the insurers on the Bureau’s list of “Insurers Writing New Business for Physicians and Surgeons.”

  • Contact one or two agents and be sure to ask each agent which insurer will be contacted for a quote. Ask the agent if an application will also be submitted to a surplus lines broker.  If so, ask for the name of the surplus lines broker and ask which surplus lines insurers will be contacted.  Provide this information to the other agent to avoid multiple applications being submitted to one insurer from different agents.  If the application is being submitted to a surplus lines broker, be sure to ask the agent for information on the coverage provided and specifically request information on exclusions.
  • If the agent recommends coverage through an unlicensed company (such as a surplus lines insurer or a risk retention group), be aware that, in the case of insolvency, the insured will not have coverage through the [State] Property and Casualty Insurance Guaranty Association.  However, if the healthcare professional has had several claims or an open claim, they may only be able to obtain coverage through a company not licensed in their state.
  • Ask the agent for information on the financial rating of the company and if the surplus lines insurer has its own guaranty fund.  Also, if shopping, the medical professional should feel free to check with the Insurance Bureau of their respective state to see if the company and agent are licensed or authorized to do business.
  • The agent should fully understand the healthcare professional’s business.  If incorporated, ask the agent what coverage is needed to protect the corporation as well as any individual doctors.
  • Ask the agent about the availability of “tail coverage” or if the new insurer will provide coverage for “prior acts.”  If coverage is offered with two insurers, ask the agent what each insurer charges for “tail coverage.”  This information may help in deciding which insurer has the most competitive price.
  • Complete the application for coverage in its entirety.  Don’t omit any information and be sure to provide as much detail as possible, especially about prior claims.  Many insurance companies want 10 years of information.  They may also request information about any risk management practices and procedures.
  • Discuss deductible options with your agent.  These may help lower your premium.
  • Find out if the insurance company offers any risk management or loss prevention programs.  Such programs may lower the premium and help reduce exposure to losses.

insurance-book

Assessment

The author has been an expert medical witness in both state and federal court. He is a former licensed insurance agent and certified financial planner, advisor and consultant.

Conclusion

And so, your thoughts and comments on this Medical Executive-Post are appreciated. Have you ever considered a more modern liability coverage method, such as an RRG, etc?

Speaker: If you need a moderator or speaker for an upcoming event, Dr. David E. Marcinko; MBA – Publisher-in-Chief of the Executive-Post – is available for seminar or speaking engagements. Contact: MarcinkoAdvisors@msn.com

Our Other Print Books and Related Information Sources:

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Healthcare Organizations: www.HealthcareFinancials.com

Health Administration Terms: www.HealthDictionarySeries.com

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7 Responses

  1. Dr. Marcinko,

    On his trip to Chicago to woo the American Medical Association, President Barack Obama brought along a sweetener — winning applause for saying he’s willing to take on the high cost of medical malpractice lawsuits.

    Link: http://www.politico.com/news/stories/0609/23783.html#ixzz0IcHWUkPV&C

    Link: http://www.ama-assn.org/amednews/2009/06/15/prsc0615.htm

    Any other thoughts?
    Strickland

    Like

  2. Dr. Marcinko, and Strickland

    Is Obama still chatting-up malpractice reform?

    Don’t bet on it, my fellow doctors.

    David

    Like

  3. Are Malpractice Caps Unconstitutional?

    Maybe so. Read this BusinessWeek article, here:
    http://www.businessweek.com/ap/financialnews/D9DM1FLO1.htm

    Jeremy

    Like

  4. Dr. Marcinko,

    RE: The Cost of Defensive Medicine

    Contrary to what ABA driven lobbyists and politicians might suggest, physicians themselves attribute 26 percent of healthcare costs to defensive medicine, according to a new Gallup Poll and survey from Jackson Healthcare, Atlanta, GA.

    Ben

    Like

  5. On Medical Tests and Lawsuits

    CT scans, MRIs and other pricey imaging tests are often more for the doctor’s benefit than the patient’s, new research confirms.

    http://www.msnbc.msn.com/id/41628420/ns/health-health_care

    http://www.webmd.com/heart-disease/news/20110216/doctors-order-imaging-tests-defensively

    Richard

    Like

  6. Q: What is the difference between a mutual malpractice insurance company and a public one?

    A Mutual insurance company is an insurance company which is owned by the policyholders, so that any profits are rebated to the policyholders in the form of a dividend. So a mutual malpractice insurance company will rebate back to physicians (or reduce future premiums) with profits. “Smoothing” may be practiced by a Mutual Insurance company in profitable years to carry over funds to the next year to allow for a possible high risk/payout of claims. Policyholders appoint the insurer’s board of directors. So voting power and dividends (cash rewards) are the benefits of a mutual malpractice insurance company.

    The downside of a mutual insurance company is the difficulty in raising capital. This is why there are now “Mutual Holding Insurance Companies” that have an intermediate stock holding company that can issue stock to raise capital but the mutual holding company will always have a majority control. Some large medical malpractice insurers include The Doctors Company (largest medmal insurer), Medical Liability Mutual Insurance Company, ProMutual (Coverys- Medical Professional Mutual Insurance Company), MagMutual, ISMIE Mutual Insurance Company,

    A Public (or Stock) Insurance malpractice company is owned by the shareholders and has a typical public/shareholder structure with profits going to the shareholders, not the owners or policy holders. There is a conflict of interests with the Malpractice Stock Insurance Company as the managers of the insurance company are working for the shareholders, and not the clients or policyholders. Large Stock medical malpractice insurance companies include Medical Protective (owned by Berkshire Hathaway), Lexington (owned by AIG), and Continental Casualty (owned by CNA Financial Corp).

    David K. Luke MIM
    Certified Medical Planner™ candidate
    http://www.CertifiedMedicalPlanner.org

    Like

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