Surgeons

Choosing between occurrence and claims-made malpractice insurance is crucial for surgeons. Understanding the nuances of each is essential to make an informed decision. Here’s a quick and concise breakdown that explains the differences between occurrence vs claims-made medical malpractice insurance policies.

Occurrence Policy: Covers incidents during the policy year, regardless of when a claim is reported.

Claims-Made Policy: Covers incidents during the policy year and when the claim is filed. Tail insurance is necessary if you switch carriers or jobs.

Occurrence Policy: Covers claims even if you change practices or locations.

Claims-Made Policy: Requires tail coverage or prior acts inclusion in the new policy for prior work protection.

Occurrence Policy: Higher upfront cost, stable rates, no need for tail insurance.

Claims-Made Policy: Lower initial cost, rates rise yearly, and tail insurance is essential when changing jobs.

Occurrence Rates: Steady but higher; no need for retroactive tail coverage.

Claims-Made Rates: Flexible but subject to increase; tail insurance mitigates prior acts risk.

Coverage: No variation in covered procedures between policies.

Limits: Occurrence covers each year; claims-made covers the entire prior acts period.

Switching to Occurrence: Generally requires tail insurance.

Switching to Claims-Made: Easier without immediate need for tail, but rates increase over years.

Occurrence Policy: Stable cost, no tail needed, suitable for various practices.

Claims-Made Policy: Affordable start, tail purchase required, fluctuating rates.

Making an informed choice regarding malpractice insurance is vital for surgeons. A knowledgeable insurance broker can provide tailored options from top-rated carriers to suit your specific situation. For expert guidance and quotes, reach out to SURGPLI, dedicated to helping surgeons secure the right policy for your needs from AM Best “A” rated carriers. Get a fast quote or call 1-800-969-1339.

Are you planning to change employers soon, or leave a medical group to open your own private surgical practice? Exploring your options for Extended Reporting Period (ERP) coverage, also known as medical malpractice “tail” insurance, needs to be a priority long before you even turn in your resignation.

Your employer will likely offer you a tail coverage option, but at a premium that typically runs 200%-250% of the cost of your expiring claims-made medical malpractice policy. The good news is that you can often save 20% on tail coverage – and get expert assistance in choosing the best standalone tail policy for your surgical specialty and practice location – by partnering with an independent malpractice insurance broker. Experienced SURGPLI tail insurance insurance brokers are ready to help.

Your employer-provided malpractice policy ends on your last day of work. Tail insurance provided by “A” rated carriers through SURGPLI is a standalone policy that protects you from liability for any future malpractice claims made on incidents that occurred during the time of your previous employment. Coverage is retroactive for any claims made on incidents occurring from the first date of work with your former employer. Tail insurance is necessary only if your previous policy was a form of claims-made, or claims-paid, malpractice insurance.

If you don’t have tail insurance, you would be exposed to a lawsuit if a surgical patient you treated during your former employment files a claim against you before your new employer’s malpractice insurance coverage goes into effect. A tail policy also covers you if a former patient makes a claim several months or years after the incident occurred.

Also, studies have shown that surgeons historically are more vulnerable to medical malpractice claims than physicians in non-surgical fields. For example, general surgeons and those in the practice of orthopedics, OB/GYN, plastic surgery, and urology are among the top 10 medical specialists most likely to be sued. If you are a surgeon without tail insurance, you would be personally liable for all legal fees and indemnity payouts at trial for a claim made by a former patient. A tail policy will cover those expenses, and the policy carrier will provide your legal defense.

Tail insurance covers surgeons for liability for malpractice claims for incidents which occurred during previous employment, but may have not affected the patient adversely to trigger a claim until months or years later. The following are examples of previously occurring incidents that may result in future malpractice claims covered by a tail policy:

Also, in some cases, the patient injury was apparent and acknowledged at the time of the surgical procedure, but the patient chose not to sue for malpractice. However, the surgeon is still be at risk for a lawsuit if the patient changes their mind within the state’s statutes of limitations for malpractice claims. These statutes vary from state to state, but are typically at least two years or longer.

Your SURGPLI tail insurance insurance broker will work with you to find the best tail coverage to fit the risk factors of your individual specialty and state statutes of limitations where you previously worked.

MEDPLI can often save you 20% on average by giving you the most affordable options for standalone tail policies from individual carriers. Those savings are more important than ever since malpractice insurance premiums are increasing in 2023 due to trends in higher payouts to plaintiffs and legal fees. So you can expect employer-provided tail premiums to increase as well.

Your MEDPLI insurance broker can help you choose the best and most affordable tail insurance coverage by:

Ready to change jobs? Get a free tail insurance evaluation from SURGPLI now.

Don’t wait. Talk to a SURGPLI insurance broker about your standalone tail insurance needs today. Learn how you can save money on tail policy rates – and how to get the best protection against malpractice claims from your previous employment.

Call us at 1-800-969-1339, email info@medpli.com, or fill out a contact request form.

According to research from insurance carrier The Doctors Company, the frequency and complexity of orthopedic surgery procedures increases an orthopedic surgeon’s exposure to medical malpractice litigation.

The most common triggers for orthopedic surgery medical malpractice claims are:

This article takes a closer look at the surgical complications most often named in malpractice claims and discusses ways to potentially reduce the risks for patients and surgeons alike.

Orthopedic surgery can be life-changing for persons with chronic joint pain and limited mobility.  According to an iData Research report, orthopedic surgeons in the U.S. perform over 1 million total knee and hip replacements annually, plus an estimated 1.62 million spinal procedures and over 300,000 interbody fusions.

However, orthopedic surgeons rank among the top 10 surgical specialties most likely to be sued for malpractice. The nature of the high-risk surgeries on the spine, knees, hips, hands, and feet in particular place high expectations for achieving the best outcomes of pain relief and restoring mobility. Because these procedures affect the patient’s ability to stand, walk, and perform everyday tasks, inter-operative and post-surgical complications can be devastating to the patient’s physical well-being and quality of life. 

Ironically, the types of orthopedic surgeries that are sought out most often by patients suffering back pain or joint issues are among the riskiest: total knee and hip replacement, spinal fusion and laminectomy, and procedures on the hand and foot. Specific types of orthopedic issues or injuries presented by the patient, along with the complexity of the surgeries to correct them, makes orthopedic surgeons more vulnerable to potentially being sued, including: