For additional information, contact Presidio Insurance Solutions at (800) 317-6411.

The facts would argue otherwise. Fact is, 3/4 of the suits filed are found to be frivolous, benefiting the patient and greedy attorney, but having nothing to do with any actual impropriety on the part of the physician. But in this article, the surgeon was judged by the allegations alone. That the hospital would not have kept a surgeon if the allegations were legitimate was never even addressed in the piece. Unfortunately, if enough people believe in those allegations, even though he was never found guilty of anything, not even once, the surgeon’s reputation will be damaged enough that his employment with the hospital may be in question as well, and all over what is likely baseless allegation.

There are two factors that come into play in this scenario, two ways in which the surgeon could have acted to avoid having his abilities come into question like that. The first is the physician’s bedside manner. While most of us would prefer a doctor with great skill over a lesser physician with pleasant demeanor, the perceptions of the patient do matter. This is something even the most stoic of physicians can overcome with a little effort. Patients are less likely to feel comfortable suing a physician that they’ve come to think of as a friend. Sometimes poor bedside manner itself has been the basis of a suit.

The second aspect pertains to the physician’s choice of Professional Malpractice coverage. The preferred companies will leave the physician the option of defending against the suit in court. Lesser carriers may have the prerogative to do whatever is cheapest for them — which is usually settling even frivolous cases out of court, as the costs of legal defense alone may be greater than the patient will settle for. Healthcare professionals should always make a point of acquiring policies that leave that choice to the policy holder. After all, protecting your reputation is an aspect of financial protection as well!

As an independent insurance broker, Presidio will see to it that you have the very best coverages possible. It may cost you just a little more to gain quality protection. Regardless, you’ll be getting the very best rates possible by going through Presidio. Make sure your insurance broker is able to be in your corner. The value of your reputation is too important to settle for anything less.

Such a rating is only given to a company with excellent capital strength, favorable performance, and a strong market position within the healthcare industry’s Professional Liability market. Other factors which are considered include an aggressive claims policy and keeping conservative reserves in recent history. The rating also considers negative potentials such as being a monoline carrier, which incurs risks of price competition, tort reform, regulatory challenges, etc.

In the case of Medical Protective, the financial support of the company’s ultimate parent organization, Berkshire Hathaway, of Omaha, Nebraska, is also considered. Berkshire Hathaway acquired Medical Protective at the end of June, 2005. Agreements with that parent company included a
50% loss portfolio transfer of existing reserves at the end of the calendar year, 2005 as well as a 50% quota share agreement on business transacted after that date.

In the overall and detailed evaluation, Medical Protective Company has proven itself an outstanding and rock-steady reliable insurance provider. Presidio is pleased and proud to count them amongst the preferred carriers it can offer to our clients.

There are many strategies your broker can employ to reduce the costs of your malpractice policy For example:

1. Adding or increasing the policy deductible (or retention),
2. Restructuring the group policy to take advantage of preferred pricing by practitioner, procedures, or location,
3. Negotiating with the insurance company to restrict or exclude certain procedures, risks, or coverage “perks”.

In addition to expense, other factors to consider during your annual review include an appraisal of your overall risk profile and insurance needs. Your insurance check-up should include a thorough review of any future additions to the practice, be it personnel, locations, new procedures, or the like. Will you be recruiting for a new physician? Is a physician retiring in the coming years? Will you be adding a location or closing one down? Has there been a substantial change in hours or patient volume at a satellite office? Are you considering expanding your services, say conducting a drug trial or providing services to a nursing home or county facility? All these issues impact your coverage and can play a role in deciding the best coverage for your practice.

Finding ways to save money can yield a pleasant surprise.  Most importantly, though, your annual check up may protect you from the nasty surprise of finding out after the fact that you do not have coverage for a particular loss. Consider this case: An imaging center that neglected to inform their broker about a change in the corporate structure. At the time a claim was filed the policy remained under the old business name – thereby negating coverage for the new corporation (and the one with the assets at stake in the lawsuit). In a similar situation, an annual review revealed that a large obstetrical practice had neglected to request coverage for a nurse midwife that had joined the practice.  In both cases, the practice was unprotected.

So you see, meeting up with your insurance agent, preferably before beginning the new year, is a wise move. Not only can the visit save you money, it can ensure that you don’t find yourself vulnerable in an area you hadn’t considered before. If you disclose all the facts to your agent, it falls upon the agent and agency to ensure that you have all the protection you need.

You encourage your patients to get an annual check-up, right? We’ll see you next week then, say about three?

Presidio Insurance Solutions (800)317-6411

This legal expert points out that that there are too few cases against dermatology nurses to form an opinion that is specific to that specialty.  Ms. Buppert noted threee suits against nurse practitioners, taking into account the general circumstances, the amount that a jury awarded the plaintiff, and what the settlement amounts were.  Of course, these three cases weren’t her only basis.  Rather, they gave her a focal point upon which to apply her education and experience as a medical field attorney.

As is always the case, it was suggested that the following questions be addressed:

What does the policy cover?
What exclusions are written into the policy?
Is the policy “Claims Made” or “Occurrence”?
What is your company’s tenure?  How long have you been writing policies for nurses?

Just as is the case with medicine itself, an ounce of prevention is worth a pound of cure.  Ms. Buppert recommended not providing services or advice outside of the scope of their practice or outside of the works setting, and that they stick to standard guidelines and commonly accepted practices within that specialty.  She also recommends that complete and careful documentation be made.  That way, if a circumstance is reviewed, the nurse’s actions may more easily be justified.

Source: Dermatology Nursing; October 2008