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The legal process involves painstaking attention to detail as it unfolds over a considerable amount of time. Here are all the stages of a medical malpractice case.

Before the Case

While lawsuits take time to develop, organize, and present, they all start somewhere. The first stages of a medical malpractice case begin far before it even becomes a case.

The Malpractice Incident

Every case comes from some precipitating incident. In medical malpractice cases, these incidents involve an act of malpractice toward a patient while under a physician’s care. Physicians are not the only medical professionals who are at risk for a malpractice lawsuit. CRNAs, dentists, PAs, chiropractors, and podiatrists—all of these medical professionals and more could become involved in a malpractice case. This occurs because of the direct contact with a patient.

Any time you interact with or treat a person under your care, you perform a medical service that could harm them if done improperly. Though it may sound a bit apocalyptic, no medical professional is safe from malpractice claims because the services they provide deal with life and death situations. Healing is a tricky business, and one that few know how to perform well—that is why your patient chose your services in the first place. They feel entitled to press malpractice charges because they feel that their treatment did not match their expected care standard.

Insurers and Lawyers

When a patient files a claim, you will receive a notice from the patient and their attorney. This legal document notifies you of their intention and details the incident in question. At this point, you will need to contact your insurer and figure out a plan moving forward. If you don’t have malpractice insurance for healthcare professionals, our team at Baxter & Associates may be able to help.

During the discussion with an insurance agent, you will figure out the financial and legal responsibilities you bear in the situation. Your insurer may also help you find legal counsel whose cost fits within the parameters of your policy. A lawyer will then take over the day-to-day tasks concerning the case.

Consultation With a Lawyer

A lawyer can only work with what they know, so you must set up an initial consultation. In this conversation, you must relay all you can remember about the incident. You should bring along copies of the medical records for the patient’s visit and the lawsuit notice.

Before the consultation, you should set aside time to recall and record all you can remember about the incident. What treatment did you provide? Who was in the room with you? How did the patient interact with you, and what did they say? What kind of follow-up did you perform? You must interrogate yourself and come up with as much detail as possible. Only with all this information in hand can a lawyer make the best decisions going forward.

Research and Preparation

The next activities after you consult with your lawyer have to do with research and preparation. Both sides of the case must coordinate and share relevant information.

Investigation

While the initial consultation allows you to share all relevant information and details with your lawyer, it does not fully encompass the situation. There will be more data to gather and testimonies to hear. So, your lawyer will embark on a journey of investigation, turning over every stone and collecting all relevant information. Throughout the investigation process, your attorney may ask for more documents from you, so prepare yourself for any incoming requests.

Discovery

Discovery is an interesting part of the legal process. Both sides of the case need information that only the other party holds. Discovery is the unique opportunity for a transfer of relevant information to bolster their case and deepen their understanding of past events. The plaintiff and defendant will request documents from each other during this time.

The Deposition

Discovery involves more than trading hard copies of records. There is also a meeting where each party cross-examines the other. As the medical professional, you will attend a deposition where the plaintiff’s lawyers will question you under oath. The plaintiff will not be there, just their lawyers. The same thing will happen for the plaintiff, so your lawyers can better understand the patient’s situation. You must answer the lawyer’s questions about the treatment, errors, and issues that arose during the past event.

Meetings and Decisions

The last stages of medical malpractice cases have to do with meetings in offices and courtrooms. The culmination of these conversations will lead to final decisions and a closed case.

Negotiations

After both sides have the information they need from each other, the case can move one step closer to resolution. One of the most critical steps is negotiation. You and your attorney will decide on reasonable compensation that matches the patient’s claim, typically in the form of a financial settlement. The plaintiff will explain their number and expectations, giving you the chance to negotiate in return.

At this point, you have two options. On the one hand, you can accept their offer or the number you agreed upon and settle the case right then and there. On the other hand, you may believe the plaintiff is asking for an unreasonable amount, and you might choose not to budge. In this case, your suit would go to trial.

Trial

If your case goes to trial, you leave the fate of your case in the hands of a jury. The trial will include presentations and arguments before a jury of your peers. The lawyers will hash out their thoughts while pulling witnesses and experts in to testify. Should the jury decide the plaintiff deserves compensation, you must award money damages to the other party.

Knowing the stages of a medical malpractice case can help you better prepare yourself for your malpractice lawsuit. Though every medical professional works in a slightly different capacity, it never hurts to have protection from financial and vocational risks. If you need medical malpractice insurance, reach out to us at Baxter & Associates. Our team is ready and available to answer any questions you have about malpractice insurance and malpractice cases.

Medical professionals study and work for years to enter the prime of their careers. But what happens when something goes wrong with a patient? A physician could lose financial security and their reputation. That’s where insurance policies come in—they provide financial and legal support. Here are the benefits of occurrence insurance.

Long-Term Protection

The two main kinds of malpractice insurance are occurrence and claims-made policies. Occurrence insurance offers several unique benefits. One of the most considerable upsides to an occurrence policy is long-term protection. Under the terms of a typical occurrence policy, medical professionals maintain coverage for past events taking place during their policy. Even if they no longer pay for the policy or switch insurance providers, they will have coverage. This protection is especially helpful when a patient waits several months or years to file a claim and the physician no longer has that specific policy.

Fixed Premiums

While the cost of a premium depends on the insurance company agency, medical professionals can expect their premiums to stay the same if they purchase an occurrence policy. Sometimes, premiums increase or decrease based on external factors that policyholders can’t control. However, occurrence policies are different, and the monthly payments won’t change as long as the risk profile for the medical professional doesn’t change—such as a change in location, job, or role. For example, a chiropractor who decides to move states and start their own practice will need a new policy. But if they have an occurrence policy like our chiropractic malpractice insurance at Baxter & Associates, they won’t have to worry as they make their career change.

Simpler Transition

Since an occurrence policy covers policyholders long after they stop paying for coverage, it’s much easier for professionals to move to a new state or start a new job where they need a new policy. During such transitions, someone with a claims-made policy would need to purchase tail coverage in addition to their current policy if they want total coverage.

Knowing the benefits of occurrence insurance helps medical professionals in all fields feel safer. No one wants to take on unnecessary risk. Reach out to us at Baxter & Associates today for more information.

Error and omissions insurance sounds like an ominous policy to take out. What even is it, and why would you need this kind of coverage? Well, here is a quick guide to understanding error and omissions insurance.

What Is Error and Omissions Insurance?

Every business relies on human ingenuity and drive. However, that same human presence can also be the downfall of an organization. We all make mistakes, errors, and omissions in our work accidentally. Error and omissions insurance, or E&O insurance for short, covers many of our common oversights.

Suppose you neglected treatment with a patient, incorrectly audited someone’s financials, or misrepresented your client—all these situations would require an E&O policy to protect the business that made a mistake.

Why Do You Need It?

Imagine each of the scenarios above happening in your workplace. For example, if you gave inaccurate financial advice to a client who trusted you, there could be devastating ramifications in their portfolio. Should your direct oversight or negligence lead to a client’s suffering, they could file a claim.

In the event that a patient or client files a claim, you will want an insurance policy to provide legal support and financial cushioning. If the claim falls within the parameters of your policy, you will have the full support of an entire agency behind you.

Who Should Get an E&O Policy?

What do lawyers, doctors, business owners, insurance agents, and accountants all have in common? High-stakes financial and professional relationships with their customers. If you wonder whether you need error and omissions insurance, you should look into it more.

For example, if you are an insurance agent, you should definitely get an insurance agent’s errors and omissions insurance policy. This policy will protect you from the legal consequences of data breaches, vicarious liability, and negligence claims.

Understanding error and omissions insurance can take time and leave you with many unanswered questions. If you have further inquiries into E&O insurance, reach out to us at Baxter & Associates today. We can help you find the coverage you need.

When you spend your time working on people’s teeth every day, you’re likely to make a mistake or make someone uncomfortable at some point. Here are the most common malpractice claims in dentistry you should know.

Failure To Diagnose Oral Diseases

As a medical professional, you have the skills and desire to help and heal people of their ailments. But as a dentist, you encounter a vast array of oral diseases that most doctors don’t see very often. People look to their dentist for expertise on these types of illnesses. Suppose a dentist fails to see, test, or address an oral disease they see in a patient’s mouth. If that same patient later finds out they have a serious disease or cancer of the mouth, you could face accusations of negligence. To avoid this, make every effort to test and examine suspect variances in people’s mouths. If it gives you pause, don’t ignore the problem—look for a solution.

Improper Teeth Pulling

Tooth decay, impaction, gum disease—people need their teeth pulled for all kinds of reasons. Patients come to their dentist seeking treatment, hoping to eliminate the problem. But pulling teeth is no simple job, especially if you encounter disease-related complications. If you cause further harm to a patient or even extract the wrong tooth, you could permanently damage a patient’s mouth beyond repair. After all, adult teeth can’t grow back. If a dentist pulls a tooth improperly, they could have a malpractice claim on their hands.

Dental Anesthesia Complications

Dentists who administer anesthesia, even in small doses, can harm patients if they experience complications. An adverse reaction or unmonitored symptom could lead to severe consequences, including patient death. You must use anesthesia with the utmost caution and care. If a patient or their loved one comes to harm due to dental anesthesia complications, they could hold you responsible.

Knowing the most common malpractice claims in dentistry can help you prepare for the worst. If you don’t already have coverage, our medical malpractice insurance for dentists at Baxter & Associates can provide the protection you need.

Insurance agencies are in the business of helping people in need. Though you must turn a profit in the end, your primary goal is to protect people from the risks in their life. However, certain clients take advantage of their insurance and try to rig the system. Here is what to know about insurance fraud investigations as an insurance agent.

The Types of Insurance Fraud

Every insurance agency must know the warning signs that a client is trying to pull their leg for more money. There are two main types of insurance fraud: hard and soft fraud. Hard fraud refers to claims that are entirely fabricated from top to bottom. The insured will make up a story and damages in an effort to scam an insurance agency for money.

Soft fraudsters take a situation and embellish it out of proportion. These hyperbolic claims can make a small problem look much worse than it is. For example, a doctor could bill a patient for more procedures than were given, increasing the insurance payout from the patient’s provider. Whether you offer insurance for the patient or the doctor, you will want to know what’s going on and conduct a proper investigation.

How You Conduct an Investigation

An insurance fraud investigation is just like any other investigation—you need a convincing array of evidence to connect the dots and confirm past events. You’ll likely look into video recordings, patient logs, medical records, incident histories, eyewitness accounts, and more. Each piece of the puzzle will help you determine the legitimacy of the insured’s claim and whether they falsified their claim.

A Word of Caution

Every insurance agent and adjuster must be careful not to make mistakes or wrongly accuse clients. If you make such mistakes, it is best to have an insurance agent’s errors and omissions insurance policy. This professional liability insurance exists specifically for insurance agents and adjusters who need protection from their clients.

Learning what to know about insurance fraud investigations can help you fill in any gaps and move against suspicious claims.

When you spend your time in front of patients all day, the likelihood of something going wrong increases. Grueling hours coupled with intensive care and nuanced treatment can prove disastrous. However, most medical professionals avoid mistakes day in and day out. Still, there’s always the chance that something could happen. Here are the main reasons physician assistants need malpractice insurance.

You Can’t Control Patient Responses

As a physician assistant, you focus on serving and treating your patients. However, the patients have their own interests at heart and they may not see the whole picture. The way you explain a procedure or give a patient treatment may not align with their personal values. A patient could change their mind about a medical procedure after the fact, but insist that it was the doctor’s fault. You can’t control what a patient says or does. If they level a claim of medical malpractice, you should have insurance in place to protect you.

You Can’t Stop All Errors

No one is impervious to error. In fact, it’s part of what makes us human. Though physician assistants endure years of intense schooling and training to avoid making any mistakes, they can’t help a slip of the hand or a mental oversight. Whether they admit it or not, every medical professional has made a mistake—minor or major. Since you can’t stop yourself from being human, it’s best to protect against any risk. If you don’t have malpractice insurance, you could face the financial, legal, and professional consequences of an honest mistake by yourself.

You Don’t Have Adequate Resources

Though they have higher salaries than average, medical professionals may have debts from school and other monetary responsibilities that make fending off a lawsuit financially devastating. Malpractice insurance coverage lifts that financial burden and equips professionals to handle any claim that comes their way. On your own, you can’t hope to fight a drawn-out legal battle, but with the help of an insurance agency, you’ll have all the resources you need.

Knowing the reasons physician assistants need malpractice insurance equips medical personnel to make the right career choices. If you need coverage, reach out to Baxter & Associates today. We offer premier malpractice insurance for healthcare professionals in many medical specializations, including physician assistants.

When medical professionals begin their careers or move locations, they need the security of an insurance policy to cover their bases. It is challenging to know exactly what you need and how to find that information. Here is a guide on what to look for in a malpractice insurance provider.

The Provider Itself

Every insurance policy begins with the carrier itself. They are the ones who decide what coverages to offer and how to follow through for their clients. This is what you should know about the insurance provider before signing on with them.

Response Time

If you already have trouble reaching an insurance provider as you set up an account, this could be a grave indication of their overall response time. The last thing you want is a medical malpractice insurance policy without a responsive representative on the other end. If you are in a pinch and need sound financial and legal aid, your insurer should have the quick-wittedness and tools to help. Otherwise, your insurer could leave you hanging though you have paid all your premiums each month.

Customer Service

Customer service is a crucial thing to consider when choosing a malpractice insurance provider. The quality of their client interactions speaks volumes about their dedication to the customer. Are they dismissive and unapproachable? Well, they may be that way with the other aspects of their business. As a prospective customer, you need help to be available in times of distress, like when a malpractice claim hits your desk.

Client Reviews

Many businesses nowadays engage the world and their customers digitally. From websites to social media profiles, there are dozens of ways for professionals to promote their company. This digital interface goes two ways, though. While insurance carriers can engage people online, customers can also engage the carrier. You should always check client reviews for an insurance agency. You may feel confident in their services or abilities from their website or from talking with an agent. But the lived experience of others under their care is a weighty testament.

Inner Workings

The inner workings of any business are essential for clients and customers to understand. Insurance providers essentially offer financial, logistical, and legal support to their clients in times of need. So, if an insurance company lacks the financial stability to cover their clients, they cannot fulfill their promised services. It would be best to investigate whether they are a state-admitted provider and have their certifications approved, too. Your malpractice insurance provider should be above-board in every respect. You don’t want any surprises down the line.

The Medical Malpractice Policies

Medical malpractice insurance is a form of professional liability malpractice insurance. It covers the insured for risks associated with their line of work. In the long run, these policies and their details protect the careers of thousands of doctors, nurses, and other workers. What should you look for in a malpractice policy?

Policy Options

Medical malpractice insurance is no one-stop-shop. There are a handful of policy types that many carriers offer their clients. Further, many providers only offer policies for those of specific specializations. These exclusions are important to consider, as they may impact your ability to find coverage with a particular insurer.

The Basic Policies

Most insurance agencies offer one or both of the basic malpractice insurance policies: occurrence and claims-made. Occurrence policies cover the insured from incidents during the time of coverage, regardless of when the patient files a claim. As an example, suppose a physician had an occurrence policy in 2019, and an incident occurs during that year. If the patient files a claim about the incident in 2020, the physician will still receive coverage even though their policy ended in 2019.

Claims-made policies have a slightly different scope of coverage. The insured receives coverage only if the incident and the claim fall under the policy period. If that same physician had a claims-made policy instead, their insurance would not cover them since the claim arrived after the policy ended.

Learning the differences between these policy types is vital for any medical professional. Though practicing is the primary work day to day, understanding the legal side of medicine is equally important.

Expansion Options

Malpractice insurance providers offer core policy types, but there are several expansion options. These additional coverages address particular gaps or changes in coverage when medical professionals switch jobs or retire. Tail insurance is an option in which medical professionals can extend their coverage past their expiration date without a whole new policy. Conversely, nose coverage is an add-on that you purchase from a new carrier to protect you while between policies.

Policy Details

Though you select coverage based on your anticipated risk, you’ll need to know the nitty-gritty of your policy before signing on the dotted line. Be sure to ask about these things after learning the basics.

Premium Price

The premium is the price you pay each month for the insurance coverage. Though this is standard procedure in all insurance situations, you should know the exact amount you will pay month to month. You should also ask whether there are any discounts available and see if your situation warrants better options.

Consent To Settle

The consent to settle refers to how an insurance company handles financial settlements. The patient who makes a claim will likely ask for monetary compensation. Your insurance company will want to offer a settlement based on their own calculations. As the client, many insurers give you the final say on whether you go forward with the offer or not. If you don’t want to settle the case, they have no choice but to back you in court. Sometimes, the consent to settle is not in your control. If a malpractice insurer refuses you the right to make this decision, they are not worth your time.

Knowing what to look for in a malpractice insurance provider can help every medical professional make the right decision. If you need help answering any questions about medical malpractice insurance, reach out to our team at Baxter & Associates for more information today.

Finding a job as a nurse anesthetist (CRNA) can be a challenging but rewarding process. The job market has its ups and downs, but there are always the added hoops when applying for positions as a certified registered nurse anesthetist. Medical professionals must prove their mettle—providing evidence for everything from licensure to clinical experience—before new practices will allow them to treat patients. But there are some steps you can take to increase your chances of finding a CRNA job. If you’re looking for a placement, here is how to find a job as a nurse anesthetist.

Organize Your Materials

The first thing anyone looking to land a job as a nurse anesthetist should do is organize their materials. You’ve gone through years of schooling and work experience, but you must prove it. To apply for your first job, you’ll need documentation like your degrees, your licensures, and a resume CV (curriculum vitae) detailing your CRNA residency or work experience. You must have a passing score from the national certification exam and a license to practice in your state before moving into a full-time position.

Consider a Recruiter

With your documents in hand, you can prepare a resume and cover letter. However, you can only throw these documents at open positions so many times. Many job seekers need the help of professionals with experience navigating the job market. CRNA recruiters are just such people—they have the skills and connections to help you find a job that fits your criteria. A recruiter can help busy students find their first CRNA jobs or current CRNAs find new positions. They will set up interviews and phone calls with their contacts to find the right fit.

Get Ready for Practice

Once you find a job, you’ll still have a few tasks to complete. To prepare for practice, you should liaise with your new office to clear up any outstanding paperwork. You’ll also need to find CRNA malpractice insurance to cover your assets. Failing to secure insurance is a common CRNA mistake. Professional liability insurance is essential to ensuring a long career, especially for those in medicine.

You may be an anesthesiologic luminary, but you still need a job. Knowing how to find a job as a nurse anesthetist is critical for career opportunities and growth. Explore our blogs to find more helpful CRNA career tips, and contact Baxter & Associates for information on malpractice insurance.

It is a common misconception that malpractice insurance is only for those who perform intensive care or in-depth medical procedures. Regardless of how you engage with people’s bodies, if you deliver any form of medical treatment or physical healing, you should have a malpractice insurance policy covering your bases. Here some of the professionals who need malpractice insurance.

Chiropractors

Chiropractors don’t use a scalpel like a surgeon, but they do manipulate people’s bodies to alleviate pain and align their skeletal structure. Chiropractors offer invaluable services to anyone dealing with joint and bone pain, so they must have chiropractic malpractice insurance that protects them from financial damages during potential lawsuits.

Dentists

Dentists perform a wide variety of oral hygiene treatments. Many of these are harmless, such as cleaning and flossing patients’ teeth. However, they occasionally pull a tooth or fill a cavity, which could result in harm to the patient. As such, these medical professionals need protection just like everyone else.

Podiatrists

Many people overlook the importance of taking care of our feet. From walking to driving, our feet are essential parts of the body that facilitate even the simplest daily activities. That’s why podiatrists are such necessary medical professionals—they give our feet the attention they deserve. Yet, the essential nature of feet can work against podiatrists who might face a serious legal battle if they cause irreparable and life-changing harm to someone’s life through their feet. Podiatrists should find professional liability insurance to protect their assets.

Nurse Practitioners

Nurse practitioners are invaluable members of the medical community who work tirelessly to assess and treat patients. Though they do not have a doctor’s title, they operate in similar capacities in primary and urgent care settings. Due to this breadth of practice and depth of patient interaction, NPs should look out for their careers and protect themselves from potential malpractice lawsuits.

Every expert who works in the medical field counts as one of the professionals who need malpractice insurance. If you see yourself on this list and need proper coverage, reach out to our team at Baxter & Associates to find medical malpractice insurance for your field.

As a medical professional, you’ve waited years to begin your career. Decades of school and specialized learning culminates in your first residency or job. From there, you see patients and help people to the best of your knowledge and abilities. Yet, there comes a time for many doctors when a mistake occurs that harms a patient. On top of the guilt, many patients file a claim against you asserting negligence or malpractice. These claims take time to process and may even end up in court. Learn what happens to doctors after a malpractice claim.

The Claim

The malpractice claim journey is a long and arduous road for both the physician and the patient. And it all begins with the claim.

The Patient Claims Malpractice

Though some patients claim malpractice for minor issues, the fact of the matter is that a legally binding claim is on your desk. The patient will likely have a lawyer with whom they drafted and filed this claim. The claim will describe the incident and subsequent harm patients experienced. Much thought and planning goes into the wording and presentation of the facts.

Notices and Summons

Depending on the state wherein you practice, legal processes differ. However, you will receive either a notice of intent to sue or a court summons. Either of these documents serve as the blossoming of the claim into legal formality. So, you could potentially open a letter in the mail one day and see a court summons without prior knowledge of the harmed patient. Many doctors do not even know the notice is coming until it’s already there. This surprise can leave many medical professionals reeling, confused about the patient and incident in question. The important thing to remember is that your insurance is on your side and will do everything they can to handle the claim.

The Negotiations

Many medical malpractice claims and lawsuits end with a settlement. This settlement is a form of payment equivalent to the damages suffered by the patient. Depending on the severity of the harm, these payouts can skyrocket. That is why both parties and their lawyers work together to negotiate a mutually agreed-upon resolution.

Contacting Your Insurance

After receiving your summons, the first thing you should do is notify your malpractice insurance carrier. Your insurance agency exists for this very purpose; it is their job to support you in the event of a career-threatening emergency such as this. Depending on the extent of your coverage and type of policy, your insurer will cover a predetermined amount for everything from lawyer fees to settlements. Insurance agents specialize in handling this process, so you should defer to their recommendations throughout the process, especially if this is your first malpractice claim.

Communicating with Lawyers

Your insurance carrier will either assign or help you find an attorney. This person will be your point of contact for everything related to the case. They will help you organize your information and issue a prompt response to the summons. The next steps will vary depending on the suit, but both sides will perform discovery and depositions to gather information about the opposing sides.

All legal communication will happen through lawyers who can help coach you on the proper etiquette and language when discussing matters of the case, especially with the plaintiff. Before entering a courtroom, you will probably go through the process of arbitration wherein both sides discuss and negotiate a settlement commensurate to the verified incident. This method settles legal matters outside the courtroom, saving everyone precious time and money. If the case goes to the courtroom, you will have a whole other issue on your hands. Regardless of the path your case follows, it all will end eventually.

The Aftermath

The legal battle is over; adjudicating bodies set the settlement or verdict in stone. Now comes the time for a resolution to this patient claim and malpractice incident. Here is what happens in the days, weeks, and months following a malpractice claim.

Settlements and Payments

The first order of business is settling any outstanding financial obligations. Depending on how the claim worked its way through the legal system, you could have a significant payment to make or none at all. If you have a settlement, you must coordinate with your insurance company to determine how much they will cover.

Career Impacts

One of the biggest questions many medical professionals have after a lawsuit is whether they can keep their licensure and still practice. The short answer is no, but it depends on the circumstances of your case. Even when courts find doctors guilty of malpractice, they don’t revoke their license to practice. If you lose your ability to practice, a court will make these terms clear, and other deliberations will happen; the authorities won’t take your license without your explicit knowledge.

Some may feel surprised by this reality, but it all boils down to the claim’s purpose. Harmed patients may desire that you don’t practice again because of what you allegedly did to them. However, the central matter in a malpractice or negligence lawsuit isn’t your medical career but rather the injured person’s compensation. Malpractice claims seek to make the harmed person whole. So, don’t worry about your practice unless the proper agencies notify you of this possibility.

Though your ability to practice is not as threatened as you once believed, it doesn’t mean your career is entirely safe. If you end up paying a large amount of the settlement, you could feel the financial ramifications of a malpractice suit for years to come. Consider finding the best malpractice insurance for your specialization and even save up for the eventuality of a lawsuit. With your financial resources in check, you have a chance to weather a malpractice storm.

Knowing what happens to doctors after a malpractice claim can deliver a sense of clarity and calm during an often-stressful process. If you’re a medical worker in need of professional liability malpractice insurance, reach out to our team at Baxter & Associates to find coverage that fits your career.