Medical malpractice is a major concern for doctors, dentists, CRNAs, and other medical professionals in the United States, but it hasn’t always been that way. Below, we’ll guide you through the history of medical malpractice in the United States and briefly touch on some landmark cases in the field.
Defining Medical Malpractice in the US
In the United States, medical malpractice is defined as the failure of a healthcare professional to provide a standard of care that a reasonably competent healthcare professional in a similar field would have provided under the same circumstances. This can include treatment errors, diagnostic errors, or errors in management that result in harm or injury to a patient.
Historical Context of Medical Malpractice Lawsuits
Medical malpractice lawsuits in the US can be traced back to the 1800s. During this time, malpractice cases were relatively uncommon, and damages awarded to plaintiffs were considerably less than they are today. However, with advancements in medicine and public awareness, cases began to rise in the latter half of the 19th century. This increase prompted the development of malpractice laws to safeguard patients’ rights and maintain professional standards among healthcare practitioners.
The first known medical malpractice case in the US was in 1794 when a doctor was sued for causing the arm paralysis of his patient during surgery. However, it wasn’t until the 1900s that medical malpractice cases significantly rose, largely as a result of the growth and influence of professional medical organizations such as the American Medical Association (AMA).
Landmark Cases and Their Impact on Modern Lawsuits
Several landmark cases have shaped the landscape of medical malpractice lawsuits in the United States. These cases have helped establish precedents and contributed to the evolution of legal standards surrounding medical negligence.
One such landmark case is Reibl v. Hughes (1978), which established the concept of informed consent. This case clarified that healthcare professionals are legally required to provide patients with all the necessary information regarding their medical condition, available treatment options, possible risks, and potential outcomes of a procedure to enable them to make an informed decision.
Another important case in the history of medical malpractice in the United States is Tarasoff v. Regents of the University of California (1976), which highlighted the principle of duty to warn. This case stated that mental health professionals must warn potential victims if a patient presents a credible threat of violence toward them.
Get Protected for Malpractice With Baxter & Associates
As a healthcare professional, you must take proactive measures to protect yourself from malpractice claims. As a provider of CRNA liability insurance and medical malpractice coverage for dentists, doctors, and other physicians, Baxter & Associates understands the important points of malpractice law and how it can affect an individual. If you need medical malpractice coverage, you can find a quote for a policy online or contact our staff to discuss your insurance options.
Medical malpractice is a serious issue in healthcare and often leads to costly claims, damaged reputations, and even loss of license for medical professionals. Despite this, many myths persist and make it difficult for doctors, dentists, and other medical professionals to navigate the complexities of malpractice insurance. We’ll explore some common misconceptions about medical malpractice and offer tips on avoiding claims.
All Medical Errors Are Considered Malpractice
Medical errors are unfortunate, but not all errors qualify as malpractice. For a situation to be considered malpractice, the patient must have proof of negligence and that the error caused them harm. A malpractice claim without one or the other would be dismissed, as it fails to meet the legal requirements of malpractice. Other legal requirements for malpractice include a professional duty owed to the patient and negligence resulting in damages.
Only Surgeons and Specialists Face Malpractice Risks
While surgeons are the most common targets of malpractice claims because of their work’s high degree of difficulty, they’re not the only people affected. Every healthcare professional faces some level of malpractice risk. Dentists, nurse practitioners, anesthesiologists, certified registered nurse anesthetists (CRNAs), and many more can be liable for their actions. Therefore, all medical professionals must have adequate malpractice insurance coverage.
Malpractice Claims Always Result From a Poor Outcome
While adverse outcomes can lead to malpractice claims, not every negative outcome is related to negligence. Some treatments may come with inherent risks, and many factors can influence patient outcomes beyond the provider’s control. Even a positive surgical outcome can lead to a malpractice suit if the patient experiences unexpected negative side effects.
Malpractice Insurance Only Covers Legal Costs
Malpractice insurance often covers legal defense fees and serves as a financial safety net, covering settlements and damages awarded to patients. As a medical professional, you must understand the scope of your coverage and adjust it as needed.
Patients Frequently File Frivolous Lawsuits
Negative perceptions surround medical malpractice lawsuits, and many people assume that some patients are just trying to make a buck by taking advantage of the legal system. While frivolous lawsuits can occur, most patients file suits due to legitimate issues with their care. Medical professionals should focus on providing quality care and maintaining strong communication with their patients to lower their risk of facing a claim.
Malpractice Claims Always Go to Court
Another common misconception about medical malpractice is that all lawsuits make it to court. However, many malpractice claims are settled out of court or resolved through alternative dispute resolution methods. These methods save time and money for both sides.
The insured should work with their insurance company to find the best approach that fits their unique circumstances.
State-Mandated Minimum Coverage Is Enough
While most states in the US require medical professionals to carry malpractice insurance, state-mandated minimums may not offer sufficient coverage. For those practicing in high-risk specialties, like cardiovascular surgery or obstetrics, greater coverage is ideal because these professions often see higher settlements. Care providers should consider the risks unique to their practice and choose an appropriate level of coverage.
Good Doctors Don’t Get Sued
Medical malpractice claims often have nothing to do with the ability of the targeted medical professional. Even the most competent healthcare providers can face malpractice claims. Accidents and communication mishaps happen, so insurance coverage is crucial for all medical professionals.
The Younger the Patient, the Higher the Settlement
While age may play a role in calculating settlement amounts, the severity of the injury and the level of negligence involved determine settlements. Malpractice cases have no guarantees, so medical care providers should avoid relying on generalizations.
All Malpractice Insurers Offer the Same Coverage
Medical professionals often believe that most malpractice coverage is a one-size-fits-all plan. However, this is not the case.
Carefully review your policy and work with a trusted insurance representative to understand the nuances of your coverage. Insurance carriers offer different policies, so select one that best meets your needs.
How To Protect Yourself From Medical Malpractice Claims
Ideally, you would never face a malpractice lawsuit. These tips can help you avoid problems and reduce the chance of being targeted for medical malpractice.
Prioritize Patient Communication
The source of a malpractice claim often comes from a patient’s frustration at not being heard or listened to. Clear and detailed communication can help you build strong relationships with your patients and prevent misunderstandings that could lead to malpractice claims against you. Maintain open lines of communication and actively listen to your patient’s concerns.
Stay Up-to-Date on Best Practices
Another source of malpractice is a medical provider operating outside their expertise. Continuing education is crucial in the medical field, and providers must stay current on best practices. This includes understanding any changes or updates in laws or regulations related to their specialty.
Keep Thorough Records
Accurate and detailed record-keeping is critical in defending you against malpractice claims. Keep in mind that a patient’s chart is often cited as evidence if a malpractice claim goes to court. Ensure all patient notes are complete, legible, and updated to avoid discrepancies in patient care and your defence.
Implement Risk Management Strategies
Medical care providers can work with their insurance company or join a risk management program to identify and mitigate potential risks in their practice. This can include implementing on-site safety protocols, regularly reviewing patient records, and improving communication with patients.
Review Your Malpractice Insurance Policy Regularly
As your practice evolves or if you face a change in specialty or location, you should review and adjust your malpractice insurance coverage. This is especially important if you recently adopted greater responsibilities in a new position. Ensure your policy reflects your responsibilities. Don’t assume your current policy will cover new risks.
Let Baxter & Associates Help You Stay Protected From Malpractice Claims
Many myths surround negligence and malpractice claims in healthcare. The best thing you can do is protect yourself with a quality malpractice insurance plan. Baxter & Associates helps many medical providers find the policies they need to stay protected, including CRNA malpractice insurance. Get a free quote for our services today, or contact our staff to learn more about medical malpractice insurance.
Dealing with angry patients can be one of the most challenging aspects of working in the healthcare field. Nurse practitioners (NPs) must have the skills to navigate these situations effectively. Knowing how to reduce conflicts can improve patient relationships and diminish the risk of potential issues and medical malpractice lawsuits. We’ll share several tips to help you de-escalate tensions with angry patients.
Stay Calm and Remain Professional
When confronted by an angry patient, it can be easy to let emotions take over. However, it’s essential to maintain a calm, composed demeanor. Take a deep breath, and remember that the patient’s frustration is not directed at you but likely stems from their pain, fear, or dissatisfaction with their medical situation.
Actively Listen
One of the most effective tips for de-escalating tensions with angry patients is to allow them to vent their frustration. Listen attentively to their concerns, acknowledge their feelings, and paraphrase their words to demonstrate understanding. Taking this approach shows that you genuinely care and can be instrumental in regaining a patient’s trust.
Validate the Patient’s Emotions
Validating a patient’s emotions requires empathy and understanding. You should acknowledge their frustration or anger without judgment or attempting to downplay it. Let them know you understand why they are upset and that it’s normal to feel that way. This can go a long way toward calming a patient and strengthening your rapport.
Offer Solutions and Reassurance
After listening to your patient’s concerns and validating their emotions, you should provide reassurance and discuss potential solutions. Address their concerns directly, and outline the steps you’ll take to rectify any issues. If necessary, involve other medical professionals in the conversation to resolve the issue. Clear, actionable information will help the patient feel more in control of their medical situation.
Know When To Seek Assistance
In some instances, de-escalating tensions with an angry patient may not be possible to do alone. Knowing when to call for support is an essential skill for nurses and nurse practitioners. If a situation feels unsafe or the patient’s anger does not subside despite your best efforts, involve a supervisor or other medical professionals.
Conclusion
Cultivating effective communication and honing your de-escalation skills are vital for nurse practitioners who want to build trust with patients. Facing challenging situations and knowing how to navigate them professionally is crucial for your career as an NP. In doing so, you promote a positive patient experience and minimize the risk of malpractice claims.
Baxter & Associates can ensure you’re protected with the best coverage by finding you high-quality NP liability insurance. Our unparalleled services and access to numerous insurance carriers provide the best solutions for medical malpractice insurance. Contact us today to discuss your liability insurance needs.
As a dental professional, you work hard to provide the best care for your patients. However, unforeseen complications and errors can occur even with years of experience and expertise. Dental malpractice insurance is critical to protecting your practice and ensuring you are well-prepared for such situations. Below, we explain some of the many benefits of having dental malpractice insurance.
Legal and Financial Protection
One of the main benefits of dental malpractice insurance is the legal and financial protection it provides. If a patient sues you for alleged malpractice, your insurance policy can cover the cost of defending the claim, any settlements or judgments, and other related expenses. Without such protection, one mistake or error can end a dentist’s career and cause significant financial loss.
Personal and Professional Reassurance
Having dental malpractice insurance not only offers financial protection but also provides personal and professional reassurance. Knowing that you are covered in case of a claim allows you to focus on providing the best possible care to your patients without the constant worry of potential lawsuits and financial losses. This protection allows dental professionals to work without the fear of legal and financial exposure clouding their judgment and work, which leads to better outcomes for both the dentist and patient.
Access to Expert Legal Counsel
In addition to financial coverage, dental malpractice insurance often includes access to expert legal counsel specializing in defending medical professionals. These experts can help guide you through complex legal processes, provide expert advice, and represent you in court if necessary. This can be an invaluable resource that ensures your case is handled professionally and effectively.
Maintaining Your Reputation
A single malpractice claim can severely impact your professional reputation, even if you are ultimately found not liable. Having dental malpractice insurance can help manage and minimize the potential damage to your reputation. Insurers often have resources available to help you navigate the situation and work to protect or repair your professional image.
Compliance With State Requirements
Many states require dental professionals to carry malpractice insurance to be licensed and practice in the state. By having dental malpractice insurance, you demonstrate your commitment to complying with state regulations, ensuring you can continue providing care to your patients without interruption.
Let Baxter & Associates Help You Find Dental Malpractice Insurance
There are clearly many benefits of having dental malpractice insurance for healthcare professionals, particularly dental professionals. This form of insurance is essential for protecting your practice, assets, and reputation. As a dental professional, having dental malpractice insurance is an investment in your future and the success of your practice.
At Baxter & Associates, we help dentists, physicians, nurses, and other professionals get quality and affordable malpractice insurance for healthcare professionals. Contact us today to learn more about how we can help protect you and your practice and give you the peace of mind you deserve.
Chiropractic practice growth isn’t just about getting new patients; it’s about providing the best possible care for those patients and creating a successful business. However, you must expand your list of clients and revenue sources to serve more patients. But how can chiropractic practices accomplish these goals?
Below, our eight tips to help chiropractors grow their practice can help you get started.
1. Set Goals
Setting goals is essential for any business, especially for chiropractic practices. Goals provide focus and help you set milestones that you can measure to determine your progress. Consider what the competition is doing and the practices you admire when setting your business goals. This information will give you an idea of where you should focus your growth efforts.
Setting Goals for Your Chiropractic Practice
Try not to get carried away when setting goals for your practice. Each goal must be attainable and practical. You must consider several areas of your business when establishing these goals, from the clients to revenue to employee morale. Some useful goals to consider for your chiropractic practice may include:
Increasing your patient base
Improving patient satisfaction ratings and feedback
Expanding the services your practice offers
Enhancing the office’s atmosphere
Maximizing staff efficiency and productivity
Increasing profits and reducing costs
Developing an effective marketing strategy
2. Get Involved in the Community
Community involvement can be a great way to increase visibility and grow your practice. Participate in local events, sponsor charity fundraisers, or attend health fairs. This involvement and camaraderie will help you build relationships with potential patients and solidify your image as an expert in chiropractic care. Community involvement can also give you access to new networks of people who could potentially become patients.
3. Utilize Social Media
Social media is one of the most powerful tools for chiropractors to grow their practice. It allows you to reach potential patients, build relationships with existing patients, and network with other professionals in your field. Make sure that you regularly update your social media accounts and engage with your followers so potential patients can see what you offer.
How To Best Utilize Social Media as a Chiropractor
Posting informative and engaging content is important when using social media as a chiropractor. Your posts could include videos of you providing treatment advice, success stories from satisfied patients, or day-in-the-life photos of a typical workday. Posting regularly will help ensure your followers stay updated on your practice and the industry’s latest happenings.
4. Develop a Referral Program
Often, the best marketing strategy is word-of-mouth. Encouraging existing patients to refer new ones is an effective way to grow your practice and get the word out about your services. Consider developing a referral program that rewards both the referring and referred patients with discounted services or free products. As good as your marketing program and strategies are, people are more likely to listen to a referral from a friend or colleague than an email or brochure.
5. Invest in Quality Marketing
Investing in quality marketing materials can help build your practice’s credibility and reach new potential patients. These materials could include brochures, postcards, flyers, or business cards to advertise your services and offer discounts or promotions like a free consultation to get clients in the door. You may also want to consider investing in digital marketing tools such as a website, email marketing campaigns, and search engine optimization to help you reach a wider audience.
6. Stay Up-to-Date on Trends
Staying up-to-date on industry trends is essential for any business, but it is especially important for chiropractors. Make sure you are aware of the latest technology and techniques to provide the best possible care for your patients. Additionally, new techniques can help draw in potential patients seeking something more modern or advanced than what other chiropractors offer.
7. Expand Your Services
Offering various services can be an effective way to increase revenue and attract new patients. Consider offering massage therapy, physiotherapy, or acupuncture in addition to more traditional chiropractic services. These additional services will help bring in more patients and may help existing patients who need multiple treatments for their ailments.
8. Take Care of Yourself
While your primary focus will be on your practice and clients, don’t forget to take care of yourself. Taking care of yourself should also be a priority when running a business, especially for those in the health and human services field. Prioritizing your well-being ensures you can provide the best possible care for your patients, and allows you to stay energized and focused. Make sure you take time to rest and relax so your mind is clear when dealing with business matters.
With these eight tips in mind, chiropractors can grow their practices and provide quality care for their patients while taking care of themselves. By investing in quality marketing materials, staying up-to-date on trends, and encouraging referrals, chiropractors can increase their visibility and patient base while building a successful business.
Bonus Tip: Offer Flexible Appointments
Offering flexible appointments is another great way to grow your chiropractic practice. Offering extended hours, weekend and evening appointments, or online booking options can make it easier for potential patients to find the time to visit your practice. Offering flexible appointment windows will make establishing care more convenient for your patients and help you reach a wider audience.
For example, staying open until 8 p.m. on weekdays and 4 p.m. on Saturdays can benefit those who work or have busy schedules during the week. Additionally, offering online booking options can make it easier for potential patients to book appointments without calling the office or coming in for a consultation.
Let Baxter & Associates Help Protect Your Practice as It Grows
We hope our eight tips help your chiropractic practice grow significantly. One final thing to consider is securing greater protection as your practice grows. Chiropractic malpractice insurance is critical for every chiropractic practice, especially those that are expanding. Baxter & Associates can connect your practice with insurance providers that fit your needs and budget. Give our staff a call to learn more, or request a free online quote today.
For many medical professionals like nurse practitioners, being sued for medical malpractice comes with the job. However, knowing the source of negligence claims can help nurse practitioners avoid the hassle and stress of malpractice suits. We detail some common causes for nurse practitioner negligence claims below.
Failure To Diagnose
Many cases of negligence against nurse practitioners concern diagnosis. While we typically think of doctors and physicians as being responsible for diagnoses, in many instances, nurse practitioners are the ones who diagnose patients. Unfortunately, a nurse practitioner might miss a diagnosis due to misjudgment, lack of organization, or unnoticed symptoms. If a nurse practitioner fails to order additional testing or recommend a specialist for timely medical diagnosis, and the result is harm to the patient, the nurse practitioner may be liable.
Medication Mistakes
Another core responsibility of nurse practitioners is medication. A nurse practitioner can prescribe and administer medication directly to patients. But with the high volume of medication tasks they have, simple mistakes become easy. The nurse practitioner may prescribe the wrong medication, administer the incorrect medication, or administer the incorrect amount. These errors could harm the patient and make the nurse practitioner liable for their injury.
Communication Failures
Communication among staff is critical when treating a patient. The nurse practitioner and others involved with the patient’s treatment, like physicians and nurses, should always be current with the patient’s status.
Therefore, communication failures are another of the common causes for nurse practitioner negligence claims. In particular, this claim targets the failure of the nurse practitioner to update the patient’s primary physician or nurse or failure to do so promptly. If a nurse practitioner’s lack of communication with others regarding a patient results in harm to the patient, a malpractice suit of negligence could occur.
Failure To Monitor Patient
Nurse practitioners are also often responsible for monitoring patients, updating their status, and alerting others involved in their treatment. However, personnel resources are often stretched thin in a healthcare facility, and a nurse practitioner must monitor many patients at once. Therefore, a nurse practitioner might fail to monitor a patient or respond promptly, resulting in harm to the patient and a malpractice claim.
Injuring Patient
While nurse practitioners are well-trained and skilled in many medical procedures, they still make mistakes like the rest of us. However, those mistakes during procedures can harm a patient, and that patient may consider the nurse practitioner negligent.
The injury is not often the nurse practitioner’s fault but rather outdated or unprepared medical equipment. Still, the nurse practitioner must ensure all medical equipment is sufficient for use and not at risk of harming the patient.
Where Nurse Practitioners Can Get Malpractice Insurance
With so many ways that a nurse practitioner could be found liable for negligence, nurse practitioner malpractice insurance is essential. If you need malpractice insurance, Baxter & Associates can help you find a policy that fits your needs and budget today.
Like other medical professionals, podiatrists must occasionally contend with malpractice lawsuits from patients. Below, we explain common negligence cases against podiatrists so professionals can understand the source of most liability lawsuits and try to avoid them.
Unnecessary Surgery
Surgery is a common source of malpractice claims against podiatrists, specifically surgery the patient later feels was unnecessary and harmful. While podiatrists are experts in relieving foot, ankle, and toe pain, the complexity of bones and ligaments makes it difficult to determine the source of discomfort.
Due to this, multiple surgical procedures are sometimes necessary to finally relieve the source of discomfort for a patient. This can be frustrating, especially if multiple surgeries still don’t fix the problem. Patients may feel they were misled to agreeing to an unnecessary surgery or weren’t informed of the risks or alternative treatment options. Therefore, they seek damages for their pain and discomfort.
Surgical Complications
As we mentioned, many common negligence cases against podiatrists involve surgery, with surgical complications at the top of the list. Every surgery comes with inherent risk, and even the most basic procedures can result in unintended complications and consequences. Considering most podiatry surgeries are elective procedures, patients are more likely to seek restitution if they feel they wasted money on a procedure that didn’t deliver the results they wanted.
Postoperative Negligence
Like all surgeons, podiatrists can also be liable for complications postsurgery if the postoperative care is insufficient. With every surgery, postoperative care is critical to the patient’s health and the procedure’s success, but it is also a prime area for complications. Infections, nerve damage, and other pain and discomfort are not uncommon postoperative complications, especially with foot surgeries. If any of these complications arise from a lack of postoperative care, the podiatrist could be liable.
Misdiagnosis
Like all doctors, podiatrists are also liable if they misdiagnose. As we mentioned, diagnosing the source of pain or discomfort in a person’s foot, ankle, or toes is difficult, even for the most skilled and experienced podiatrists. If a podiatrist makes a misdiagnosis by not performing the correct evaluation, ordering the wrong tests, or outright failing to diagnose the underlying issue, a patient could seek damages via a malpractice suit.
Where To Get Malpractice Insurance for Podiatrists
Clearly, there are plenty of opportunities for podiatrists to be liable, which is why malpractice insurance is critical for every podiatrist. If you need liability insurance as a podiatrist, Baxter & Associates is a malpractice insurance agency with years of experience connecting medical professionals with professional liability insurance providers. Browse our services and get a quote for a malpractice policy on our site today.
The cooperation clause is a common and critical provision in many liability insurance policies. We’ll help you understand everything about the malpractice insurance cooperation clause and what it means for policyholders and insurance providers.
What Is the Cooperation Clause?
The cooperation clause, or assistance provision, is one of the most common in malpractice and liability insurance policies. This clause is activated when a claim is filed against the policyholder.
The language of the clause may differ depending on the policy and the provider. Still, the basic provisions of the clause dictate the policyholder must work with the insurance provider and not hinder the investigation and defense against the claim. Cooperation clauses are common in auto and home insurance policies, but the language is typically different than in liability policies.
Why Is the Cooperation Clause Important?
The cooperation clause is a requirement in most insurance liability contracts, so you might wonder why it is so important. It’s a promise from the policyholder to the insurance provider that they won’t withhold information or block the investigation of a claim filed against them.
The cooperation clause makes the investigation much easier and faster for the insurance provider. It also guarantees they’ll get the information they need from the policyholder within a reasonable time. While it may force the policyholder to provide information, it’s almost always in their best interest.
What Are the Policyholder’s Requirements for the Cooperation Clause?
We know the policyholder must cooperate with the insurance provider, but what does cooperation mean? Individual policies have more specific language regarding fulfilling the cooperation clause. Still, it means the policyholder answers questions and provides context for the claim to the insurance provider in good faith.
Policyholders don’t have to conduct their own investigation, and their presence isn’t often required in settlement negotiations or court proceedings. Some clauses may require in-depth cooperation, but for most policies, the policyholder only has to answer a few questions honestly.
Is a Cooperation Clause Legally Binding?
Yes, the cooperation clause is a legally binding insurance contract provision and must be met for the policy to be legally active. If the insurance provider believes the policyholder is withholding information or not acting in good faith, they could sue the insured for breach of contract and have the court nullify the policy.
Then, the insured would be on the hook for their defense costs and any settlement regarding the claim. If the insured ignores or breaches the cooperation clause, the entire policy becomes legally null and void.
Levels of the Cooperation Clause
As mentioned, there’s a general understanding of the cooperation clause in most contracts, but some go further with higher levels and requirements of cooperation. Typically, the levels of cooperation outlined in a policy with the clause include the investigation of the claim, the payment of the settlement and costs, and the forbidding of unauthorized payments.
Investigation and Defense
The first and most basic aspect of the cooperation clause is the investigation and defense, which we’ve mostly covered. The insured must assist the insurance provider in investigating the claim and creating a defense strategy.
How much assistance the insured must provide depends on the language in their contract. This may include answering only a few questions and producing medical records, spending time with defense counsel, and attending court proceedings.
Coordination of Payment
Payment coordination is typically only applicable in cases where another policy may also cover some of the costs of the claim and settlement. Suppose a private practice owner has a claim filed against them for malpractice that also falls under general liability or business owners’ insurance. In that case, they would be responsible for coordinating the payment of the multiple insurance providers.
To fulfill the cooperation clause in this instance, the insured would coordinate the defense of this claim with the other insurance provider so one isn’t on the hook for covering the costs of the entire claim when another policy also covers it.
Unauthorized Payments
Lastly, the insured is not allowed to make unauthorized payments that could hinder or affect the investigation and defense of the claim. For example, if an insured hires a private investigator out of pocket without the approval of the insurance provider’s defense team, they could cause problems for the defense. Then, the insurer could claim the insured breached the cooperation clause.
Another example of policyholders breaching this level of cooperation is attempting to pay the case’s plaintiff directly, out-of-pocket, after the lawsuit is filed but before a settlement is agreed upon. This attempt at an early payment could jeopardize the defense, and the insurance provider could sue to say the policyholder breached the contract when they attempted an unauthorized payment.
Can the Cooperation Clause Force Me To Settle a Claim?
A common misconception regarding the cooperation clause is that it can cause the insured to settle a claim because the insurance provider says so. As we’ve explained, the clause does not give power to the insurance provider to settle a claim without consent from the insured.
Federal cases in the US have affirmed the right of the policyholder to refuse to settle or dismiss a claim and is not legally obligated to do so under the cooperation clause. The consent-to-settlement clause addresses the right of the policyholder and the insurance provider to settle a claim.
The Consent-to-Settlement Clause
The consent-to-settlement clause is another common clause in liability insurance policies. They are sometimes confused with one another but mean very different things. The consent-to-settlement clause requires an insurer to receive consent from the insured before settling a claim.
If the policyholder does not like the parameters of the settlement or wants to fight the claim in court, the consent-to-settlement clause gives them the right to do so. The insurance provider must follow these wishes.
Where To Find Malpractice Insurance for My Facility
We hope our guide has helped you better understand the cooperation clause of malpractice insurance. If you need malpractice insurance for yourself or liability insurance for healthcare facilities, Baxter & Associates is here to help. Contact our expert staff, and we’ll help you find an ideal group liability policy.
Tail coverage is integral to many insurance policies for businesses and professionals. We’ll explain everything you need to know about tail coverage in our guide, including how it works and the different types to consider.
Occurrence vs. Claims-Made Coverage
Before we get into the basics of tail coverage and the different policies it applies to, we should explain the differences between occurrence and claims-made insurance policy coverage. Tail coverage is for claims-made insurance policies that cover claims reported when the policy is active.
If a claims-made policy is inactive and a claim comes from a reported incident when the policy was active, it wouldn’t be covered. Occurrence is different, as it protects the insured from any covered incident when the policy was active, regardless of whether it’s expired. Tail coverage only applies to claims-made policies since it extends the time a claim can be reported against you. In contrast, the reporting time is irrelevant for occurrence coverage.
What Is Tail Coverage?
Now that you know about tail coverage for claims-made policies, you might wonder what exactly it does. Tail coverage is like an add-on to an insurance policy. It extends your coverage by giving you longer protection for claims reported after the insurance policy ends. This is also known as an Extended Reporting Period.
Tail coverage allows the insured to file a claim against the policy even though it’s expired or canceled. While it’s similar, don’t confuse tail coverage with nose coverage, which provides protection back to the first date of continuously maintained insurance coverage instead of extending reporting coverage of an expired policy.
Do I Need Tail Coverage?
While tail coverage is valuable and recommended, your need for it on top of your insurance policy depends on the policy. Tail coverage is especially common with medical malpractice insurance, as medical professionals may switch policies regularly, yet malpractice claims can come from incidents months or years in the past.
It’s quite common for medical malpractice claims to come from an incident years ago. If the target of the claim has since retired or changed policies, they could be vulnerable to the malpractice claim. If a medical professional retires, changes practices, leaves a practice for a hospital, or leaves their current work environment to start their own practice, they’ll likely have tail coverage for their malpractice insurance.
What Are the Alternatives to Tail Coverage?
While tail coverage is strongly recommended for many businesses and professionals, it’s not required. The alternatives to tail coverage include opting out (going bare) or choosing prior-acts coverage.
Going bare is just what it sounds like—the individual or business is left exposed without coverage for the gap in their coverage, but they save on monthly premiums. Prior acts coverage is similar yet different, as it applies coverage to the insured for any incidents that occurred to the policy’s purchase. Instead of extending the reporting of the previous policy, as with tail coverage, prior acts extend the reporting of the new policy.
How Long Does Tail Coverage Last?
While there are tail options for one, two or three years offered by some insurers, we recommend getting tail coverage for a term longer than that. Most of our tail policies and endorsements are unlimited and last a lifetime. Since malpractice claims can take a long time to be filed, we always recommend the longest tail your insurance company is offering.
Different Types of Tail Coverage
While we’ve mostly focused on tail coverage relating to medical malpractice insurance, our guide will now go over many different types of tail coverage. As mentioned previously, tail coverage is only for claims-made insurance coverage and applies to business and professional insurance.
Data Breach Insurance
Any business with an online presence or modern technology needs data breach cyber insurance. Data breach insurance protects businesses from cyber damage and other network-related issues, like a company computer getting a virus or customers suing the business because their personal information was stolen in a data breach.
Policy owners can add tail coverage to this policy to ensure protection if a claim comes forward months or years after the policy has expired. For cyber issues like data breaches and stolen private information, keep in mind that the victims may not notice they’ve been affected until months or years after the incident.
Employment Practices Insurance
Employment practices liability for businesses is another common type of insurance policy that includes tail coverage. This coverage protects businesses against claims regarding employment practices, like wrongful termination, discrimination, or harassment.
Practically every business with employees must have employment practices insurance to guarantee they’re protected if they terminate an employee and are faced with a wrongful termination lawsuit, which can be especially costly and damaging. Since these lawsuits and claims are so costly, it’s important to cover all gaps in their insurance, so tail coverage is necessary.
Management Liability Insurance
Management liability insurance, also known as directors and officers insurance, is another key business insurance policy. This policy protects the directors and officers of a business if they make mistakes or conduct wrongful acts while managing the company.
The claims against management may come from other employees, customers, competitors, or investors. Management liability is similar to employment practices but is limited to coverage for directors and officers instead of the business as an entity. As with employment practices, tail coverage is integral to the policy.
Professional Liability Insurance
Perhaps the most common version of tail coverage is for professional liability insurance. Professional liability policies are essential for many professionals, including doctors, CPAs, real estate agents, and lawyers.
This policy is ideal for professionals targeted for negligence, personal injury, malpractice, or other issues. Tail coverage is even more crucial for professional liability insurance because the individual could be left financially responsible for defending the claim with legal and court costs.
Where Can I Get Tail Coverage for My Insurance Policy?
If you require tail coverage for your professional liability or medical malpractice insurance policy, Baxter & Associates can help. As a renowned and experienced medical malpractice insurance agency, we can help you find the ideal policy and coverage, including tail coverage. Get a quote from our website online, or contact our staff if you have any questions.
Medical malpractice suits are always a concern for medical professionals. Below, we explain the four “Cs” of medical malpractice prevention that each medical professional should know to avoid malpractice cases.
Compassion
Compassion or caring should be self-explanatory for anyone in the medical profession who wants to help people. Doctors and nurses must sympathize with and show concern for their patients to help create a bond of trust.
One of the most common complaints and catalysts of medical malpractice claims against nurses or doctors is that the patient felt ignored or that the medical professional didn’t care about them. Take the time to go the extra mile with a patient and be honest with them to create a more compassionate yet professional relationship.
Communication
Communication is another critical factor in medical malpractice prevention. Communication encompasses verbal and non-verbal contact between medical professionals and between the medical professional and the patient.
Communication with a patient is critical, as the patient must feel their doctor or nurse is listening and giving them plenty of opportunities to ask questions as they review the problem and course of treatment, so they understand what’s happening. Communication between staff is also critical, as miscommunication or delayed communication can cause a domino effect that negatively impacts the patient’s health and causes harm.
Competence
Obviously, a medical professional must be competent if they want to avoid medical malpractice claims. A doctor or nurse should realize when a situation is outside their purview and recommend a patient to someone more competent when needed.
But the competence of malpractice prevention is also about staying capable in their position. The medical industry changes so often that doctors and nurses must constantly stay up-to-date with their training and education, so as not to use outdated practices and technology on the patients, potentially causing harm.
Charting
Charting is perhaps the most important factor in malpractice prevention and can be the easiest strategy. Proper documentation is critical to competent treatment and provides a detailed written record of the patient’s medical history.
A doctor needs quality documentation to adequately treat a patient, as it can cause significant harm if something’s missing or incorrect. The chart is often a key piece of evidence, so it’s crucial to ensure it’s accurate and up-to-date if a medical malpractice case goes to court.
Even if you follow every strategy of malpractice prevention, you may still be hit with a malpractice claim. Baxter & Associates can help medical professionals find specialized policies, like CRNA liability insurance. Contact our staff if you have medical malpractice questions or need a professional liability policy today.
