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Medical Malpractice Insurance

Many clinicians look closely at their malpractice policy twice in a career: when they sign an employment contract, and when a letter arrives saying a patient has retained counsel.

Reviewed

01 GUIDE

Medical Malpractice Insurance: what usually happens

Claims-made, occurrence, and the gap between jobs

Medical malpractice insurance is commonly written in one of two forms. An occurrence policy responds to care given while it was in force, whenever the claim arrives, while a claims-made policy generally responds to claims first made and reported while it is active. That difference becomes very real when a clinician changes employers, retires, or a group changes carriers, because a claims-made policy may leave earlier care uncovered unless tail coverage or prior-acts coverage fills the gap. Who pays for that tail is often settled, or left unclear, in an employment agreement. Read that clause before you resign rather than after.

When something comes in

A records request from a law firm, a letter of intent, a subpoena, or a summons should usually be reported to your carrier promptly, and most policies spell out how. Late notice can give an insurer grounds to dispute coverage, so holding a letter while you decide whether it is serious is a risk rather than a precaution. Do not alter or add to the chart after the fact, and do not contact the patient about the claim. The carrier will typically appoint defense counsel, and it sometimes sends a reservation of rights letter saying that parts of the claim may not be covered. That letter is worth a separate read by someone who works for you rather than for the carrier.

Questions a policy may not answer

Coverage for a licensing board investigation, a hospital privileges dispute, or a billing audit is frequently limited or written separately, and those limits can be lower than people assume. Some policies give the insured a say before a claim is settled, while others leave that decision largely to the carrier. The difference matters because payments made on a practitioner's behalf are generally reported to the National Practitioner Data Bank, which credentialing bodies consult. When personal assets or uninsured exposure could be at stake, separate counsel can be worth considering alongside the lawyer the carrier provides. In a first conversation we read the declarations page, the policy form, and any carrier letters with you, and explain what the documents appear to cover and where the open questions sit.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about medical malpractice insurance and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.