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PHYSICIAN ASSISTANTS 
 When you, the doctor, hire a Physician Assistant (PA), you have two options about his or her medical malpractice insurance: 1) The PA could have his or her own policy with the same liability limits as yours. 2) You could add the PA to your own policy sharing in your liability limits. First, if the PA has his or her own policy, you need to add the PA to your policy for Vicarious Liability (VL).  This will protect you if you are sued along with the PA.  I want to stress that you should do this.  I know of many physicians who refuse to add the PA to their med mal policies because they don't understand what VL means, and/or they don't want to pay a small premium for this option. I have also witnessed when the doctors are sued for VL; their Insurance Company will not defend them because the PA was not listed for VL under their policies. What is vicarious Liability (VL): A doctrine that provides that a party (in this case the doctor) is held responsible for the negligence of another (in this case the PA) based solely on the relationship between the parties, such as employer and employee. Second, if you decide to add the PA to your medical malpractice policy sharing in the liability limits, you have to be aware that the limits would be shared by you, the PA, and maybe your corporation.  In this case, with only one suit, your liability limits could be depleted. For example, you have a policy with $250K per claim liability limits, and you are sued for VL. Let's say the indemnity payment is $100K, you would only have $150K left if you are sued during this same policy period. This is something you need to think about; you know yourself and your practice.  If you feel confident that you could share your policy liability limits with your PA, go ahead and share in the limits. The above applies not only to PAs but to other Allied Healthcare Professionals. 

YOU ARE SERVED 
As a medical malpractice Agent, my heart goes to the doctors when they are served with a medical malpractice suit. The doctor is scare and feels vulnerable.  I listen to what he or she has to say; this is very important to me.  I show compassion and ask the doctor to show compassion to their patients too.  Some doctors need to show their humane side and be natural.  I think it makes them better doctors and might exempt them from future suits or complaints. If a doctor if in a hurry to see his next patient, please stop take a deep breath and spend a little more time with a difficult patient. If you have a difficult patient, make this patient feel welcome and comfortable.  I mean by doing this, you might avoid a future suit. As a patient, it is very important to me to have a good rapport with my own doctors.  Every time I see them; they do remember me (I think maybe it is my accent, but I don’t mind). The important thing to me is that they show concern, respect and listen to what I have to say. I feel fortunate to have them as my doctors.   When a doctor apologizes for being late or any other complaint I might have, I back up when they do honestly apologize, some others do not care.  I once was in a practice where the doctor was two hours late, I was fuming; therefore, when the doctor walked in, I said to him, “You are very late.”  Instead of this doctor, explaining the reason of his lateness, he said, “You know, you can see other doctors.”  I argued with him about his attitude, but it took me nowhere, this doctor was too much into himself.  He was pitiful.  I just learned he is moving to another state.  It was about time. On the other hand, it is important for a doctor who is being served with a med mal suit to have a good Agent and Insurance Company who are going to help them to navigate with ease this suit.  If a doctor feels that he or she did nothing wrong, discuss this with your insurance company so they do not settle. However, sometimes insurance company’s settle with the defendant to avoid higher expenses and a long trial.  Remember, that during this time, you are going to spend a lot of time trying to defend yourself. Doctors should not suffer in silence if they think they might be sued.  Call your Insurance Agent; he or she would be able to direct you to the right path. That’s what I do for my clients. 

MEDICAL ERRORS 
 Medical errors could happen. A doctor is only human, and he or she can make a mistake. We all have heard that a doctor cut the wrong leg or arm, gave the wrong medicine to a patient, and left a surgical instrument inside a patient.  A doctor has to be on top of his patient's healthcare.  Help your patients to understand their health issues. Make them aware that you do care about them, and they are your top priority. Even though most practitioners and practices have several employees working for them, still it is imperative that a doctor makes sure that their patients are well taken care of, be a participant of your patient's health and make them participants too.  If you become aware that one o your patients is not happy with the services, try to talk to the patient, and make corrections.  It is best for a physician and his practice to take the first step towards a better relationship with a disgruntled patient, apologize to the patient. Yes, apologize. It costs you nothing, and it would avoid you a future claim.  If you apologize to the patient, you will win him over, but if you just dismiss his complaints; you are set for a future claim or complaint.  A claim goes on for many years, and it takes your time and money.  This is a good way to avoid any medical errors in the future.  Another good way to avoid medical errors, is to have a med mal insurance policy through a reputable Insurance Company, where you have access to their Risk Management department.  They can help you to avoid medical errors.

BOARD CERTIFICATION
 Every time you apply for medical malpractice insurance, the Agent would ask you if you are board certified. This question is important because it means that you went through hard work to test and pass the board examination and now you are a board certified doctor. According to the American Board of Medical Specialties, board certification "demonstrates a physician’s exceptional ability in a particular specialty and/or subspecialties of medical practice." However, what happens if you are not board certified? Would you get an Insurance Company to get you med mal coverage? The answer is Yes, of course. I have been working in the medical malpractice field and had met hundreds of doctors who are not board certified. It does not mean that they are not good doctors; it means that some of them could not pass the test, some of them were so busy building their practice, some of them were busy being mothers first, etc. Now some insurance companies, like Physicians Insurance Companies (PIC) would insure you and your practice if you are not board certified, you have to answer certain questions. When applying for coverage, a doctor has to be truthful, if you are not board certified, disclose why you are not board certified. Your Agent has to 'fight' with the insurance companies to get you med mal insurance. That's what I do. 

A CLEAN DOCTOR
Some years ago, I took a phone call from Dr. P., who was looking to buy medical malpractice insurance for him. As I took his information, we talked about how difficult it was for him to get an insurance company to accept him, as he practiced in several practices. Later on, I confirmed that he was a doctor with a clean record, impeccable record. So when I called him back, I said to him, "Dr. P. you are really a clean doctor." Dr. P. said, "clean doctor?," I replied, "Yes, it means that your record is clean." Dr. P. started to laugh because according to him, this was the first time somebody referred to him as a "clean doctor." Now, "clean doctor," is a term I use in medical malpractice insurance to imply that a doctor has no claims (open or closed), no board complaints, or no other records. However, a doctor could have had a claim that was dropped by a claimant, or the doctor won the case. To me this is also a "clean doctor." Now, every time Dr. P. called me, he would say, "Hey, Paula, this is Dr. P., the clean doctor. " He really had a kick with this word. 
 
BE AWARE OF GOING BARE Yes, as a doctor you should be aware of going bare. Well, you would said, I don't need to carry med mal insurance, as the hospitals I work with, don't need it. Or, you would say, malpractice insurance just attracts more suits. Maybe, all of this is true; however, consider if you are going to go without auto insurance. Why put your practice and your good name in jeopardy? A good and honest doctor has nothing to be fearful of. If you use the skills and knowledge acquired during your career, you are going to be ok. Think it this way, if you buy your medical malpractice insurance from and Agency and Agent who helps you to understand and navigate the medical malpractice world, you are going to be more than ok. Use them, abuse them and ask lots of questions. I enjoy when doctors ask questions and challenge me. I like to educate and empower them with the right information. Why to risk your peace of mind and go bare? By purchasing your medical malpractice insurance from a reliable Insurance Company, you would concentrate in practicing Most Insurance Companies have a Risk Management Department, take advantage of it. Let them help you to run your practice smooth and with no worries. Concentrate all your efforts to practice, don't concentrate your efforts on going bare.
 
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