Some questions you Malpractice Update should never ask
Malpractice Update
Jim Allen, MD
Medical Director, University Hospital East Professor of Internal Medicine
Division of Pulmonary & Critical Care Medicine The Ohio State University Wexner Medical Center
Some questions you should never ask:
? Is that your real hair color? ? Are you pregnant? ? Did you have a face lift? ? Does this dress make me look fat? ? Have you ever been sued before?
Some Statistics
? Percent of physicians sued by age 65: ? 75% of physicians in low risk specialties ? 99% of physicians in high risk specialties
? 7.5% of physicians are sued each year ? Residents & fellows can be sued ? 7 years
Number
665 706 492 281 138 59 30 48
Indemnity Payment $111,704 $421,136 $444,095 $462,652 $585,185 $438,822 $1,124,318 $580,116
Cost To Defend
$6,081 $21,761 $57,398 $51,718 $67,020 $82,463 $131,448 $117,083
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Malpractice insurance
Types Of Malpractice Insurance
1. Claims Made ? insurance coverage period covers period of time the claim is filed
? Requires purchase of a tail to cover any claims filed after the coverage period
? Tail coverage = 150-300% of annual premium
2. Occurrence ? insurance coverage period covers period of time when the actual event occurred
? Does not require purchase of a tail
Example #1
Example #2
? Dr. Surgeon does a cholecystectomy in 2013 ? Malpractice claim filed in 2014 ? In 2013, Dr. Surgeon was insured by company A ? In 2014, Dr. Surgeon was insured by company B ? Claims made policy: company B covers the claim ? Occurrence policy: company A covers the claim
? Dr. Surgeon does a cholecystectomy in 2013 ? Dr. Surgeon leaves practice January 2014 ? Malpractice claim filed in March 2014 ? In 2013, Dr. Surgeon was insured by company A ? When leaving practice, Dr. Surgeon did not
purchase a tail ? Occurrence policy: company A covers the claim ? Claims made policy: Dr. Surgeon is responsible
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Average U.S. Malpractice Premiums For Internal Medicine Specialties*
Allergy Cardiology Critical Care Gastroenterology Heme/Onc Internal Medicine Palliative Pulmonary Geriatrics Nephrology Infectious Disease Endocrinology Rheumatology
"No Surgery" $8,198 $17,268 $23,218 $17,702 $15,514 $16,961 $8,198 $19,195 $14,560 $14,402 $19,736 $13,558 $14,479
"Major Surgery" $58,173 $36,494
*Report on the CY 2015 Update of the MP RVUs for the Medicare PFS
Who Pays The Highest Premiums*?
? Neurosurgery ? Obstetrics ? Thoracic surgery ? General surgery ? Vascular surgery ? Orthopedics
$106,901 $66,024 $59,569 $59,808 $58,970 $52,344
*Report on the CY 2015 Update of the MP RVUs for the Medicare PFS
Geographic Variation In Premium Prices*
Specialty Internists
General Surgeons
OB-GYN
Lowest Rates
$3,375 Minnesota
$10,868 Wisconsin
$16,240 Central California
Highest Rates
$47,707 Miami, FL
$190,829 Miami, FL
$214,999 Long Island, NY
Malpractice in Ohio
*Standard rates July 1, 2015 for $1 million individual claim and $3 million total annual all claims
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