Medical Malpractice

Title: Completing the Circle of Financial Protection Against Third Party Claims
Author: Richard "Rick" Mortimer
Date: June 2001
Description: The funding required to defend and pay claims arising out of injuries sustained by third parties requires a careful blending of several different forms of liability insurance protection.

Title: Claims-made versus Occurrence Coverage Forms
Description: This is an explanation of claims made coverage versus occurrence coverage. It typically applies only to Medical Malpractice Insurance.

Title: Claims-Made Form
Author: Richard “Rick” Mortimer
Description: This article provides a more in depth look at claims-made coverage; explaining step rating and how claims are covered under a professional liability claims-made policy.

Title: Medical Malpractice v. Errors & Omissions
Description: A typical medical malpractice insurance policy does not cover physicians who do exams and evaluations for third parties. Many insurance carriers will require either an endorsement amending the policy to cover this exposure or an error & omissions policy.

Title: Retro Rating – Hard Market Solutions
Description: Inducing a cost plus insurance plan called retro rating can minimize the down side of risk taking should a period of adverse loss occur.

Title: Should You Say “Yes SIR” or “No SIR”?
Author: Richard “Rick” Mortimer
Date: June 21, 2002
Description: Self Insured Retention plans (SIRs) are another way to help minimize the costs and risks of providing health care, but they should only be undertaken under certain circumstances and with expert advise from a broker.

Title: Tips
Author: Richard “Rick” Mortimer
Date: January 2005
Description: Helpful tips for quick underwriting of your medical insurance application.

Title: Med-Mal Underwriters’ Cherry Picking Rates Going Up, Again!
Author: Richard “Rick” Mortimer
Date: April 2002
Description: Insurance Carriers’ failure to collect enough premium to cover the increase of claims has led to another medical malpractice industry crisis.

Title: Med-Mal Underwriters’ Cherry Picking Rates Continue Upward
Author: Richard “Rick” Mortimer
Date: February 2003
Description: As the medical malpractice insurance crisis continues, insurance carriers are tightening their underwriting guidelines, raising rates and leaving the industry altogether. Here are some tips to reduce the misery of finding a new carrier.

Title: Malpractice and Telemedicine Liability
Author: Glenn W. Wachter
Date: July 2002
Description: The addition of telemedicine technology to healthcare delivery has had positive effects on the practice of medicine, particularly for providing access to specialty health care to geographically or otherwise isolated patients. Yet, it is telemedicine's effect on medical liability-the focus of this article-that requires some examination if its eventual assimilation is to be ubiquitous or just a footnote to modern healthcare.

Title: “All or None” Rule
Description: Partners may be held liable for acts of one another if there can be proved a formal or informal partnership/joint undertaking.

Title: BestWeek: Med-Mal Market Hammered by Litigation Costs
Date: April 1
Description: Medical Malpractice insurance is experiencing increased prices due to the large litigation costs and settlements awarded to plaintiffs.

Title: Documentation and Patient Medical Records
Date: December 2003
Description: This article offers criteria that should be used when conducting a periodic review of patient records. It also provides guidelines on when to give patient records to attorneys in the event a lawsuit is brought against you.

Title: What to Expect in the Event of a Claim
Author: Robert A Stevens for Health Care Professionals’ Insurance Services
Description: This article provides common reactions and helpful steps to take in the event a claim is brought against you.

Title: Are You Liable For A Colleague's Negligence?
Author: Mark Crance, Senior Editor
Publisher: Medical Economics
Description: A background piece from 1987, the beginning of Vicarious Liability. How it all started and why.

Title: The Many Facets of Vicarious Liability
Author: Barbara Worsley
Date: Second Quarter 2004
Description: Vicarious Liability is when you can be held for the misdeeds of others who may not be a part of your practice

Title: Binding Arbitration Is Not Frequently Used To Reolve Healthcare Disputes
Author: RAND
Date: 1999
Description: Facts and Figures on the use of Binding Arbitration in California

Title: Hot Topics - Medical Malpractice Insurance Trends
Editor: N/A
Publisher: Insurance Information Institute
Comments: A very useful site full of data on claims, premium, leading writers, hard and soft market cycles and why they will continue, an expanded glossary or insurance terms and much more. This link below will take you there. Be sure to open the power point presentation on medmal.

Title: Minimizing Malpractice Risk
Author: Paul A. Sommers, Ph.D.Publisher: Group Practice Journal
Comments: Much is being written today about risk management from the Doctor - Patient relationship point of view. This topic has been around a long time and it was said best in this 1987 piece.

Title: Insurer Expense Ratios
Author: H. Felix Kloman
Date: April 1996
Description: Insurer expense ratios are very high which causes high policy premiums.

Title: Property, Casualty Insurance - Market Cycles
Editor: N/A
Publisher: Insurance Information Institute
Comments: An excellent article rich with facts looking back at the past three market cycles. This link below will take you there.

Title: Malpractice Insurance coverage and employment agreements: a prescription for avoiding conflict
Author: William Flemming, The Doctor's Company
Publisher: Medical Liability Monitor
Comments: This short article will help you, your HR and Legal departments with the basics on claims made coverage for employed physicians and list a number of key questions both sides should have fully answered with respect to medmal insurance and provider employment.