Your Guide to Malpractice Insurance

"MedPro has empowered me to make clear and informed decisions on both my malpractice insurance policy and carrier. I am excited to start my career and have peace of mind knowing that I have the support of MedPro Group."

Dr. C, MedPro Group Insured

Your details

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Profession

For example, certain specialties carry different risks and therefore may have different premiums.

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+ Location

Malpractice claims trends can vary between states and counties, impacting coverage costs.

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+ Coverage

Occurrence and Claims-made policies have different pricing structures.

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Others

Other factors, like how many hours you practice or your claims history, can also affect your cost.

Our considerations

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Market Trends

Based on claim and lawsuit trends across the industry, prices can change.

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+ Claims

 The majority of our expenses goes toward protecting you through claims management and defense.

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+ Operating Cost

We try to keep our operating expenses low, while ensuring we can pay our bills and employee salaries.

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+ Stability

As a Berkshire Hathaway company committed to being around for the long haul, our rates are built to be stable and sustainable.

How should you choose a policy?

You now know the difference between Occurrence and Claims-made, but there are other important aspects of coverage you should consider before signing a contract.

  • Policy limits

What they are: The policy limits are the maximum amount your insurance carrier will pay for claims filed against you. Policy limits are written as two, side-by-side numbers:

$1M

The total amount your insurer will pay for each claim filed against you in one policy period.

$3M

The total amount your insurer will pay if you get multiple claims filed against you in one policy period.

How you should evaluate them: Make sure your policy limits are high enough to protect you throughout your whole career. To decide what limits are right for you, you should talk to your agent or insurance carrier.

  • Consent provision

What is it: If a claim is filed against you, the consent provision in your malpractice policy determines if your insurance carrier has the power to decide to settle your case (pay the demand).

How you should evaluate it: Make sure that the consent provision gives you the ability to refuse to settle, and doesn’t have hidden exceptions that take away your say in the decision. If others can decide when to settle a case, they may do so even if it’s against your best interest.

  • Tail coverage

What is it: If you choose a Claims-made policy, you should be aware that you’ll need to get tail coverage after you stop practicing, which extends your protection.

How you should evaluate it: Tail coverage can be very expensive, and many insurers claim to offer free tail coverage. But read the fine print! Some insurers only provide free tail coverage upon death or disability, or there may be age restrictions on when you can retire.

  • Additional coverages

What is it: As an added benefit, insurers often include additional coverage as part of your policy. This may include cyber liability, HIPAA coverage, audit coverage, billing errors coverage, administrative hearing coverage, and more.

How you should evaluate it: You should look closely at these additional coverages to make sure your practice is appropriately protected. If you’re unsure, you may want to talk to your agent or carrier about custom solutions.

How should you choose a carrier?
An important part of buying malpractice insurance is choosing a carrier you can trust. Here are three big differences between carriers that you should consider.

1. Are they experienced in claims defense?
Your carrier should have a record of strong malpractice litigation. You should look at their trial win rate, the number of claims they’ve managed since their founding, and how many claims they’ve closed without payment. All of these numbers should be high.

2. What is their financial strength?
Your insurance carrier should have the financial resources to protect you in the worst-case scenario. You can check a carrier’s financial strength rating through independent agencies like AM Best.

3. Do they provide risk resources?
Your insurance carrier shouldn’t just help you defend claims; they should help you avoid them. Make sure your carrier offers materials and advice for reducing risk, which will help you make your practice safer.
  • What type of coverage do I want: Occurrence or Claims-made?

  • What policy limits do I need?

  • If I choose a Claims-made policy, will I have to buy tail coverage? And how much will it cost?

  • If my tail coverage is included in a Claims-made policy, what are the conditions that I need to meet to qualify for free tail coverage?

  • Is there a consent provision that allows me to refuse to settle?

  • Does the insurer have experience with claims defense? What is their trial win rate? How many claims do they close without payment?

  • What other coverage does this policy include (or not include), i.e. cyber liability, billing errors, administrative hearings, etc?

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