Gallagher : Malpractice Insurance Blog

What Are The Risks of Having Health Records Online?

Gallagher Healthcare    (7/21/2023)

Protect your practice from telehealth malpractice claims with comprehensive malpractice liability insurance from Gallagher Healthcare. Request a quote today.

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What Evidence is Needed to Prove Malpractice?

Gallagher Healthcare    (7/21/2023)

Our experts at Gallagher Healthcare discuss when patients can sue for medical malpractice.

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Malpractice vs. Negligence - What's The Difference?

Gallagher Healthcare    (7/21/2023)

Gallagher Healthcare has helped over 60,000 physicians secure cost-effective medical malpractice liability insurance. Request a quote online today!

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When Does Dental Malpractice Occur?

Gallagher Healthcare    (7/21/2023)

Gallagher Healthcare has helped over 60,000 physicians secure cost-effective medical malpractice liability insurance. Request a quote online today!

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Everything You Need to Know About Insurance Loss Runs

Gallagher Healthcare    (2/21/2023)

Having an insurance policy in place for your medical practice can provide security for greater peace of mind. However, as a policyholder, you may not think about your insurance other than when you need to pay your premium or file a claim.

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The Critical Importance of Acquiring Proper Medical Clearance

Gallagher Healthcare    (9/23/2022)

When medical malpractice claims occur, it pays to be prepared. Learn the importance of proper medical clearance and contact Gallagher Malpractice for a quote!

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What is Conscious Sedation and How is It Performed?

Gallagher Healthcare    (9/7/2022)

What is conscious sedation? How does it differ from general anesthesia? Click here to learn more about the medication and how to use it safely.

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Everything You Need To Know About The Importance of Risk Management Plans

Gallagher Healthcare    (9/7/2022)

Risk management plans are an essential aspect of any business to ensure efficiency. Learn more about what risk management is and why it is important.

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Expert Tips for Handling, Storing and Organizing Medical Records

Gallagher Healthcare    (6/28/2022)

As medical record-keeping technology has advanced, a robust and organized record-keeping method remains essential. Learn more with Gallagher Malpractice!

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Cyber Security Checklist for 2022

Gallagher Healthcare    (2/10/2022)

What benefits can cyber insurance coverage provide for businesses? What kind of policy should you sign your company onto? Learn more with Gallagher.

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Everything You Need to Know About Malpractice Tail Coverage

Gallagher Healtcare    (2/2/2022)

Tail coverage can provide you peace of mind as a medical practitioner. Click here to learn more about tail coverage medical malpractice insurance!

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Who Typically Pays for Malpractice Insurance?

Gallagher Healthcare    (1/24/2022)

While physicians are highly trained, they're still human — and they can still make mistakes. Medical malpractice insurance is a form of professional liability insurance that protects and covers physicians and healthcare professionals from claims or litigation for alleged malpractice or negligence.

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What is Minimum Earned Premium?

Gallagher Healthcare    (12/18/2018)

If you are a doctor or work for a doctor’s office, you pay a premium each year to get medical malpractice insurance. Find out what a minimum earned premium is!

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What Is Absolute Liability?

Gallagher Healthcare    (12/12/2018)

Many physicians do not fully understand the definition of absolute liability. Learn more and discover exactly what is absolute liability!

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Risk Management Classifications

Gallagher Healthcare    (12/6/2018)

Insurance is often concerned with risk, or the potential for damages and harm that can occur in the future. Find out the risk management classifications!

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Resources for Physicians

Gallagher Healthcare    (11/27/2018)

Physicians and medical professionals need to have access to information all the time. Helpful online resources such as blogs and medical information websites for physicians can help medical professionals gain access to the information they need when they need it. Check out our list of the best medical resources for physicians.

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Highest Malpractice Insurance by Specialty

Gallagher Healthcare    (11/21/2018)

Different specialties pay different premiums based on their likelihood of being sued. Find out what specialties have the highest malpractice insurance costs.

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What Does Medical Malpractice Insurance Cover?

Gallagher Healthcare    (10/24/2018)

Medical professionals require a separate class of insurance known as medical malpractice coverage, since their practices are especially subject to risk and since claims in this field can be substantial. Learn more about medical malpractice insurance and what exactly it covers.

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Digital Distractions in Healthcare

Gallagher Healthcare    (10/16/2018)

Interruptions and distractions in healthcare are a reality for most physicians, nurses, surgeons and other medical professionals. Learn more about digital distractions and their impact on patient safety.

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The Importance of Patient Informed Consent

Gallagher Healthcare    (10/11/2018)

In any medical setting, decisions are made often. Doctors need to reach a diagnosis, then decide which treatment makes the most sense based on a patient’s needs. Find out what informed content means and why it is so important.

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Effective Communication in a Medical Office

Gallagher Healthcare    (9/26/2018)

Communication is vital to ensuring quality care in any medical office or practice. Every part of a physician’s practice relies heavily on effective communication. Learn more and find out how to effectively communicate in a medical office.

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What Are the Different Types of Medical Practices?

Gallagher Healthcare    (9/13/2018)

Patients have different needs, so different types of medical practices exist to deliver the most effective medical care. Find out the different types of medical practices.

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Drug Diversion: What It Is and How You Can Protect Your Practice From It

Gallagher Healthcare    (8/21/2018)

Substance abuse is a major problem in the United States, but the majority of this problem is attributed to prescription drugs. Many individuals with addiction conditions use prescription drug fraud and drug diversion to secure medicine. Learn more about what drug diversion is and how you can prevent it.

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Types of Managed Care Organizations

Gallagher Healthcare    (8/16/2018)

Managed care organizations fall into 3 main categories; Health Maintenance Organizations, Preferred Provider Organizations, & Point of Service Organizations. Click to learn more!

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What Are Economic and Non-Economic Damages?

Gallagher Healthcare    (8/8/2018)

When a medical malpractice claim is filed, damages may be awarded to the plaintiff if they can establish a doctor was liable for injuries. Find out what economic and non-economic damages are.

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Do Nurses Need Medical Malpractice Insurance?

Gallagher Healthcare    (7/26/2018)

While doctors carry medical malpractice insurance, many nurses do not. Find out why it is important to have the right professional liability insurance policy in place if you are a nurse or nurse practitioner.

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What is Vicarious Liability?

Gallagher Healthcare    (7/17/2018)

Increasing numbers of small practices and doctors are hiring advanced practice providers or independent contractors to help make their work more effective and to serve patients better. However, hiring contractors and APPs carries unique liability risks. Find what vicarious liability is and how you can reduce your risk.

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What is Data Breach Insurance?

Gallagher Healthcare    (7/12/2018)

As more of the medical field becomes digitized, concerns about cyber security and data breaches grow. Learn more about data breach insurance and why it is so important.

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Questions You Should Ask Before Purchasing Medical Malpractice Insurance

Gallagher Healthcare    (6/26/2018)

Medical malpractice insurance is not only the law, but it provides a layer of protection in the event of claims, including false claims. If you have been considering your coverage, consider these medical malpractice questions to ask your insurance company or agency.

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The 23 Best Medical Apps for Doctors

Gallagher Healthcare    (6/7/2018)

Many professional industries rely heavily on apps to help you become a better medical professional. Find out the 23 best medical apps for doctors today.

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Social Media for Physicians

Gallagher Healthcare    (5/31/2018)

While it may not seem evident at first, doctors and social media can make an excellent combination. As a doctor, harnessing the power of the Internet by establishing a strong online presence can provide a variety of benefits.

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Advantages and Disadvantages of Electronic Health Records

Gallagher Healthcare    (5/23/2018)

An electronic health record (EHR) is a computerized collection of patient information in a digital format. Find out the advantages and disadvantages of electronic health records.

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The Importance of Patient Follow-Up Care

Gallagher Healthcare    (5/17/2018)

Timely follow-up with patients is vital for ensuring they're moving forward with the prescribed treatment plan. Find out more about the importance of patient follow-up care.

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The Importance of Patient Satisfaction in Healthcare

Gallagher Healthcare    (5/8/2018)

These days, delivering top-notch medical care involves more than just helping the patient get well. Learn more about the importance of patient satisfaction in healthcare.

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Importance of Doctor-Patient Communication

Gallagher Healthcare    (4/24/2018)

Clear communication is essential to the success of any relationship, especially the one that exists between a physician and their patient. Learn more about the importance of doctor-patient communication.

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Job Outlook for Physicians

Gallagher Healthcare    (4/18/2018)

Individuals interested in pursuing a career in healthcare should benefit from an abundance of job opportunities in the foreseeable future. Learn more about the job outlook for physicians.

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Data Security Breaches in Healthcare

Gallagher Healthcare    (4/12/2018)

Healthcare data breaches are all-too-common occurrences these days, and they pose a significant liability. Find out more about data security breaches in the healthcare industry and how you can prevent them.

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What Are the Different Types of Hospitals?

Gallagher Healthcare    (3/22/2018)

With the growing complexity of the healthcare system, there are so many different types of hospitals and medical facilities for patients to choose from. Find out what the different types of hospitals are and what differentiates them from one another.

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How Much Does Medical Malpractice Insurance Cost?

Gallagher Healthcare    (12/12/2017)

Medical Malpractice Insurance costs tend to vary among states, specialties, & many other factors. Click here a get a full expert overview of these costs.

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Going Bare - Are Doctors Required to Have Malpractice Insurance?

Donovan Weger    (3/20/2017)

Doctors choose to go without Medical Malpractice Insurance for a variety of reasons. Make sure you know the risks involved before deciding.

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How Stand-Alone Medical Malpractice Tail Policies Can Save Money

Gallagher Healthcare    (12/21/2016)

The medical malpractice insurance environment is always changing and it's hard to know if you're getting the best deal. Click here to learn more about how stand-alone medical malpractice tail policies could save you money.

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Claims vs. Occurrence Medical Malpractice Insurance Explained

Gallagher Healthcare    (12/15/2016)

Claims made and occurrence policies in medical malpractice insurance can be hard to understand. Click here to learn the difference between the two and what they can offer your practice.

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The Differences Between Medical Malpractice Insurance Deductibles

Gallagher Healthcare    (11/30/2016)

One of the most confusing elements of medical malpractice insurance is often the deductable. Learn more about this aspect of your coverage and how to make sure that it meets your exact needs.

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Benefits of Slot Coverage for Medical Malpractice Insurance

Gallagher Healthcare    (11/22/2016)

If your practice involves part-time and full-time physicians, you may feel that you're being overcharged for medical malpractice insurance. Find out if slot coverage is the right option for you.

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The Election and Healthcare Reform

Gallagher Healthcare    (11/9/2016)

On November 8, 2016, Donald J. Trump was elected the 45th President of the United States of America. As of Wednesday morning, Mr. Trump had won 276 electoral votes – 270 electoral votes were needed to win the Presidential election. Mrs. Hillary Rodham Clinton (again as of Wednesday morning) had won 218 electoral votes.

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MACRA: Value is a mathematical equation

Robert C. Hall    (10/18/2016)

MACRA created a two-path payment system. Eligible Professionals (EPs), physician(s), and allied professionals can choose either the Merit-Based Incentive Program (MIPS), or the Alternative Payment Models (APMs). CMS’ stated goal for these payment options, noted from their website, is: “The MACRA QPP will help us to move more quickly toward our goal of paying for value and better care.”

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MACRA - Coming Reporting Burden

Robert C. Hall    (9/9/2016)

An area we view as a significant concern going forward relates to the Quality Payment Program (QPP) for physician(s) and allied professionals in the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA), which repealed the outdated Medicare Part B Sustainable Growth Rate formula (SGR), and combined the existing quality reporting programs, the Physician Quality Reporting Program (PQRM), the Value-Based Payment Modifier (VM), and the Medicare Electronic Health Records Incentive Program (EHR).

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Medical Device Cybersecurity

Gallagher Healthcare    (5/19/2016)

The risks of failure of computer network security and unauthorized disclosure of private information are well-established in healthcare. 2015 was a noteworthy year for large breaches in healthcare, with major hacks against payers and providers, including Anthem and UCLA. In early 2016, the threat of intrusion from ransomware came to the foreground, with Hollywood Presbyterian Hospital publicly disclosing a threat against them and paying a ransom, and many other providers announcing that they also routinely face such attacks (while not necessarily paying the ransom demanded). These ransomware demands threaten the ongoing business activities of the provider, but also patient care and reputation as well.This paper will review the cyber security risks that medical devices may present and how current insurances may respond to bodily injury exposures. We will also examine the current regulatory oversight of medical device software and security and provide a framework to analyze which insurance policies might respond to the breach, the parties that might be implicated in the chain of responsibility and how those policies collectively respond to bodily injury arising out of the failure of security of a medical device.

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West Virginia and Florida Legislatures Take Steps to Address Primary Care Physician Shortage

Dean Gereau    (4/18/2016)

Anticipated shortfall of primary care physicians in 2025 of between 12,500 to 31,100 unfilled vacancies. This shortfall is caused by a growing and aging population and increased participation in the U.S. healthcare system. While the number of medical school enrollments has increased by 6.2, the number of residency openings available for primary care physicians (including general and family practice, general internal medicine, general pediatrics, and geriatric medicine) has only increased by 1%. These openings represent only 14.5% of the residency positions offered.

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Medicare & Medicaid Costs and Increased Scrutiny

Hal Williams    (3/7/2016)

Almost two years ago in April 2014, the Centers for Medicare and Medicaid Services (CMS) released for the first time in 35 years data outlining provider reimbursements. A Wall Street Journal article noted at the time that the data released, which was from Calendar Year 2012, indicated the “top 1% of 825,000 individual medical providers accounted for 14% of the $77 billion in billing recorded in the data”. While this data is not new to the fraud investigators it certainly sheds a light for the public as to where the investigators might focus their efforts.

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What does it cost to defend a malpractice claim?

Brandon Rich    (2/26/2016)

A question that comes up regularly is that of “defense” costs. Ask any person involved in an insurance claim that required a defense attorney how much the insurance company spent defending your case, and I doubt you will find anybody who knows know the true cost.

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Recent Scam - Social Engineering Fraud Endorsement

Gallagher Healthcare    (9/30/2015)

In recent weeks, a number of our clients have experienced scams that all have similar characteristics. The following is a representative example of the sort of activity we are seeing:Our client’s CFO received what appeared to be an email from the company CEO instructing him to wire funds to another bank to support a proposed real estate transaction. Everything about this email appeared authentic and the request was not out of the realm of normal business transactions for our client, but it soon became clear that the email was sent from a third-party thief. Learn more about this type of scam...

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Equipment Maintenance Alternatives

Gallagher Healthcare    (6/4/2015)

Let’s begin with full disclosure - I don’t buy maintenance agreements or extended warranties of any for any type for any type of product; including cars, refrigerators, cell phones, computers, printers, couches, driveways or anything else. Some might argue that it is prudent to warranty some of these items. However, my view is that in the long-run, it doesn’t make sense.Now don’t get me wrong; I think there is a place for the short-term standard warranty that you automatically get when buying a product. There is always the possibility that you could wind up with a “lemon.” But financing extended warranties may not be the best decision for your organization.Extended maintenance agreements are financial instruments. A good CFO is always looking to save money and get the best return on investment. Below we examine the pros and cons of these products.

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Insurance carrier claims cyber exclusion – not obligated to pay $4.1 million settlement

Robert C. Hall    (5/21/2015)

The article from Business Insurance is instructive as to the fluid legal nature behind cyber liability, data breach coverage and the need to have closely analyzed the policy form. An insurance carrier is asking a court of law to rule that they are not obligated to pay a $4.1 million dollar class-action settlement. The insured was Cottage Health System, based in Santa Barbara, California which had approximately 32,500 confidential medical records exposed to the internet.

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Humidity Levels in Surgical Settings

Gallagher Healthcare    (5/14/2015)

Recently, risk managers around the country have been called into internal discussions regarding “humidity requirements” in a surgical setting or operating room (OR). What are they? What should we be doing? What is required? There have been a number of questions and conflicting interpretations of standards concerning relative humidity requirements (especially in California). In addition to the confusion we have seen about standards interpretation, there is also a “be careful what you wish for…” scenario that has developed.

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Basics of Patient Compensation Funds By State

Dean Gereau    (4/29/2015)

One question that come up with some regularity in working with our various independent physician and physician group insureds is, “We will soon begin practicing in a new state; what do we need to know?” In many cases, this new state is one of the eight states in the country that has established a Patient Compensation Fund (PCF), and providing our insureds with relevant, understandable information and assisting with the complex compliance and enrollment processes these funds entail is one of the most tangible benefits of working with an experienced and knowledgeable Gallagher insurance professional.

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When and Why to Shop for Malpractice Insurance

Brandon Rich    (4/14/2015)

The question I get from my existing client base on a yearly basis is "why do we shop for malpractice insurance and when do we shop?" I’ve developed what I think is the best way to approach this question.

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The Doctors Company On Defending Against Malpractice Allegations in Highly Publicized Cases

Trey Hutchins    (3/2/2015)

The media and general public often empathize with the patient when allegations of malpractice are raised. For a physician, this predisposition can be terrifying because it automatically paints the doctor as at fault, even when best practices were clearly followed. This video, presented by The Doctors Company (TDC), discusses the malpractice suit leveled against a physician in Texas involving a patient who overdosed on prescription drugs shortly after being treated.

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The never-ending issues of “tail coverage”

Brandon Rich    (1/29/2015)

If you’re a physician purchasing tail coverage or a physician who is changing the carrier you’re insured with, you should be reading this. Fully understanding how your tail coverage works and the intricacies behind it, from a coverage standpoint, should be fully understood by you or by the person helping you (your broker). I’ll give two examples about what I’m referring to and why it’s important.

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Employment Practices Liability

Terra Andrews    (1/20/2015)

Employment practices liability is an area of law focused on issues such as sexual harassment, discrimination, breach of contract, and wrongful termination, along with related issues. Wage and hour law violations are also included in this particular focus area.

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Increased Healthcare M&A Activity: Representation and Warranty Insurance Coverage

Gallagher Healthcare    (12/29/2014)

The business of managing and operating health care facilities has grown increasingly more complex since the enactment of the Patient Protection and Affordable Care Act (PPACA) in 2010 and the Health Information Technology for Economic and Clinical Heath Act (HITECH) in 2009. Each medical facility must conform to a variety of new rules and regulations that include, but are not limited to: the adoption of Electronic Health Records (EHR), and the preparation for the transition to the 10th revision for the International Classification for Diseases (ICD-10) by October 1, 2015. The result has been a dramatic increase in healthcare mergers and acquisitions, as practice and facility budgets are not prepared to absorb the associated costs and additional liabilities.

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Premium wise, but finance foolish

Robert C. Hall    (12/16/2014)

“I can save you 30% off your insurance premium?” Have you heard this before? A competitor recently advised our client they could ‘save’ them over $200,000 on their annual premium by simply increasing their retention. What was our answer? “Yes, that’s true, but ...”

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Coming soon — ICD-10 … “Help!”

Robert C. Hall    (11/24/2014)

As of today, assuming that the Centers for Medicaid and Medicare Services (CMS) doesn’t kick the implementation date down the road again, effective as of October 15, 2015, “The transition to ICD-10 is required for everyone covered by HIPAA or the Health Insurance Portability Accountability Act.” ICD stands for International Classification of Diseases and concerns the medical diagnoses and inpatient procedures that are coded for all hospital procedures. In raw terms, the health-care coding system is transitioning from roughly 15,000 codes to 68,000 codes.

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Buy up enhancements for regulatory audits and cyber

Heather Vick    (10/1/2014)

While you undoubtedly have some form of malpractice insurance already, it may be wise to reexamine and up your policy in a number of different areas, namely regulatory audits and cyber coverage. This is due to the fact that healthcare laws have gone through a sea change in recent years due to Obamacare, leaving certain healthcare providers vulnerable through the policies that they purchased before these laws were passed. Additions to this policy will cost the average physician around $1,500 to $1,700 per year, which is pennies on the dollar compared to the type of protection it provides and what it will cost you if you aren’t properly covered in these newly reformed areas.

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Choosing a MPL Carrier: Admited, Surplus, or RRG

Bryan Blasingame    (9/12/2014)

If you are searching for the best medical malpractice insurance policies, you may be faced with terms like admitted and regulated coverage, Risk Retention Groups and surplus lines. What follows below is helpful information about the multiple forms of malpractice insurance available to you.

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HIPAA Impact on Risk Management

Gallagher Healthcare    (8/27/2014)

Today everyone in the healthcare industry is aware of the impact of HIPAA, (the Health Insurance Portability and Accountability Act) on their daily activities. Protection of patient privacy is a paramount concern as release of patient information can have serious consequences for the patient as well as the provider. While every healthcare worker has an awareness of these regulations, few realize how easily an infraction of policy can be committed, and the associated risk to management is significant.

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What is a Waiver of Subrogation, and What Does It Do?

Dean Gereau    (8/12/2014)

Requests for waiver(s) of subrogation are commonly seen in health-care staffing contracts and generally are implemented by the contractor without a great deal of thought. Here we will briefly examine what a Waiver of Subrogation does and this mechanism’s impact on medical staffing liability programs.

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Medical Malpractice Claims Trigger: Incident vs. Written Demand

Erik Czirr    (7/15/2014)

One of the most overlooked aspects of a malpractice insurance policy is the claims-trigger, or what

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Medical Malpractice Discounts - Are you maximizing yours?

Gallagher Healthcare    (7/1/2014)

When searching the market for medical malpractice insurance, it is incredibly important to make sure you are receiving all of the discounts you deserve. There are multiple ways in which you can save, and without a broker, you will likely overlook these opportunities. There are many different discount opportunities that can vary from carrier to carrier. Some of the most common opportunities for savings include board certification, new doctor discounts, risk management credits, claims free history, part time, group discounts, and JCAHO.

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Directors & Officers Liability

Terra Andrews    (6/17/2014)

Lawsuits within healthcare organizations don’t only come from medical malpractice or professional liability claims. Some of the most expensive cases result from suits against the directors and officers of the organization. Directors and officers liability, more commonly referred to as D&O, is especially important within the healthcare industry. Claims and lawsuits can come from many different parties, including shareholders, physicians, creditors, employees, patients, etc. Let’s take a closer look at D&O coverage.

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Medical Spa Insurance Overview

Hal Williams    (6/5/2014)

Medical Spas are unique businesses with unique insurance needs. When I speak with new MedSpa owners about insurance, they are sometimes surprised to hear that a typical spa’s “business owner’s policy” does not adequately cover their operations and the associated risk.

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Why shopping for tail coverage matters in today’s malpractice insurance marketplace

Brandon Rich    (5/23/2014)

So you have to purchase “malpractice tail coverage” The medical malpractice insurance marketplace continues to evolve as more regulations and government oversights place more pressure on traditional medical practices to evolve, join a larger group practice, or sell out to the local hospital system. Although this issue brings up a number of items to potentially dive into, the one I would like to focus on today is the question I most often receive from my clients: “What about my tail coverage?” With the changing healthcare landscape, insurance companies have begun to develop more “product offerings” to increase their revenue capturing opportunities. Not only are they looking to capture more revenue opportunities, but they are also beginning to think creatively rather than staying within the antiquated mindset that carriers have traditionally shown in the malpractice insurance marketplace.

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Further discussion on the effects of damage caps on malpractice claims in Florida

Trey Hutchins    (5/7/2014)

In my last blog post, I took a look at how the passage of tort reform in Florida has changed the number of paid claims for physicians in the state. In summary, analyzing the data provided by the National Practitioners Data Bank (NPDB) showed a clear decline in the number of paid claims against physicians in Florida. The information provided by the NPDB is some of the most comprehensive data we have on claims; however, the state of Florida also tracks malpractice claims and it would only be fair to review this data too. In the decision to overturn the cap on death cases, Justice Lewis references data from the annual report on medical malpractice closed claims and rate filings from the Florida Office of Insurance Regulation.

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Proper Planning of Physician Retirement & Medical Malpractice Insurance

Hal Williams    (4/24/2014)

As a physician approaches retirement, one of the most important items on the to-do list is to ensure adequate insurance coverage for any future malpractice claims that may arise after the practice doors are closed. Due to the “long tail” nature of malpractice claims, patients may bring a claim against their physician (or other healthcare provider) long after the date actual care took place. This is why you consider the risk of being sued months and even years after their practice is closed.

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Best Practices in Reducing Patient Transfer Claims

Gallagher Healthcare    (3/31/2014)

During a nursing in-service the following question was posed to the nurses: “How many of you go home with sore backs and need to take something to sleep at night because of it?” With most of the nurses raising their hands, we wanted to assure them they do not have to go home in pain and worry about if they will remain healthy until retirement.

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The Data Behind Florida’s Supreme Court Decision

Trey Hutchins    (3/21/2014)

This will be the first installment in a series of blog posts that focus on state caps on malpractice insurance payments and the corresponding data. This is a hot topic in the industry right now, as the Florida Supreme Court recently overturned the cap in that state and there is a push to overturn MICRA in California, which has been used as the model in many other states, including Texas. This discussion will focus on Florida, since it is the most recent development; I will discuss other states in future posts. If there is a specific state that interests you, please email me and I’ll see if I can work it in to this series.

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Medical Director Liability Concerns

Hal Williams    (3/17/2014)

Across the country midlevel providers are gaining more authority and autonomy with the oncoming shortage of physicians and at the same time physicians are looking to supplement their income with what seems to be a low risk, high reward position at various allied healthcare facilities. The types of facilities doctors are overseeing as medical directors range from midlevel clinics to long-term care facilities, medical spas and ambulatory surgery centers. Allied healthcare is only going to become more prevalent and frequently I receive calls from clients informing me of a medical directorship that they have accepted.

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Liability Concerns for Healthcare Staffing Organizations

Dean Gereau    (3/5/2014)

Healthcare staffing organizations (HSOs) face several additional levels of liability concern when compared to more traditional healthcare practices. The customary needs of a practice, such as the following, are supplemented with exposures associated with off-site liability, contractual indemnification concerns and high volumes of provider turnover.

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What can a medical practice learn from a data breach at Target?

Trey Hutchins    (2/18/2014)

I received two emails today from the Chase Bank fraud department stating that my credit card information may at risk due to Target’s data security breach. Not that I shop at Target all that much, but if I had been there even once between November 27 and December 15 my card information could be at risk. So much for being proactive and not waiting until the last minute to buy a few Christmas gifts. The good news is that there is nothing to show that my data has been compromised and they are sending me new cards; however, that also means that I have to change all of my auto-pay bills that are set up on that specific credit card… which is essentially every recurring bill that I have.

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Worker Compensation – Factors to Evaluate When Trying to Control Your Costs

Terra Andrews    (1/31/2014)

Saving money and controlling costs are always objectives for insurance buyers. Whether it’s the CEO, CFO, controller, or business owner themselves, finding ways to manage your costs better is a constant. So when it comes to worker compensation insurance, there are numerous questions an employer should ask when evaluating their cost control strategies. Here are a few:

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Social Media and Healthcare Best Friends or Worst Enemies

Gallagher Healthcare    (1/17/2014)

Social media isn’t just a fad. Facebook is a $100 billion company with 1.1 billion users, LinkedIn has over 200 million users throughout 200 countries, Twitter has successfully filed its initial public offering, and Google is one of the most valuable and powerful companies on the planet. The social media revolution has affected every industry, yet it poses unique challenges for the healthcare sector.

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Using a Medical Malpractice Insurance Agent and Why It’s a Necessity

Brandon Rich    (1/15/2014)

Chances are that at some point in time you have purchased an insurance product through an online system. Or you have called the carrier directly and have gotten a quote over the phone. You probably thought, “Hey, it’s easy,” “I don’t have to worry about sales calls,” “This site tells me that it’s less expensive if I apply online,” or “It’s the quickest way to get coverage.” While some of those statements may be correct, people tend to make major mistakes when dealing directly with insurance carriers and not using a broker. The items below reference the downside of not having an agent in the numbered sections. The remaining content is about what you receive in having your own agent.

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What to learn from a carrier’s combined ratio

Gallagher Healthcare    (1/6/2014)

The combined ratio is an important aspect of any insurance carrier that brokers study in order to better service their clients with their medical malpractice insurance policy. Before we demonstrate what to look at when studying this ratio, we will first explain how it is calculated.

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Top 10 Things to Consider When Buying a Medical Malpractice Insurance Policy

Erik Czirr    (12/17/2013)

There is a significant amount of information on medical malpractice insurance and the accompanying different kinds of policies and features a physician can purchase. While it is beneficial that so much information is available, it can actually lead to many physicians feeling overwhelmed and confused rather than informed and enlightened. It is with this underlying issue, that I would like to simplify things. Here are the top 10 things to consider when buying medical malpractice insurance policy (in no particular order of importance):

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Capitation - One Alternative to a “Fee for Service”

Dean Gereau    (12/3/2013)

One can hardly escape conversations about “change” in healthcare circles today. Changing demographics, changing industries, changing regulations; the list continues. However, one change, the change in provider reimbursement, is pervasive. We hear constant sound bites concerning the “movement away from the 'fee for service' model,” but movement toward what? If we are not reimbursing providers for procedures conducted, how are we measuring healthcare delivery and how is it paid for?

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Growing Trend: Direct Employer Contracts with Healthcare Providers in the Self-Insured Industry

Cody Vicknair    (11/18/2013)

While not a new trend, direct employer contracting with providers is rapidly picking up steam, particularly among self-insured companies. The arrangement can provide employers and healthcare providers with myriad benefits, but with these benefits come risks. Before providers agree to enter into such an arrangement with employers or approach self-insured employers to discuss a partnership (if this allowable under a provider's contract terms with existing health plans), it is important to understand how the arrangement works, why it can work well for both parties and some the risks providers need to be aware of.

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Dispelling the Myth: Conrad Murray Cannot Receive Medical Malpractice Insurance

Richard Waldman    (11/5/2013)

As Conrad Murray, the doctor who was convicted of involuntary manslaughter in the death of Michael Jackson and recently released from jail, seeks to regain his Texas medical license, questions have been raised about whether he will ever be able to practice medicine in the U.S.

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Texas expands prescriptive authority rules on Nov 1, 2013. Are you ready?

Hal Williams    (10/28/2013)

Advanced practice registered nurses and physician assistants in Texas will find themselves with fewer restrictions placed on their practice, and on how they collaborate with their physician counterparts, when they go to work on November 1, 2013. Earlier this year, Senate Bill 406 was passed by the Texas Legislature. Signed into law by Governor Rick Perry, the new bill will provide better access to care for patients by allowing physicians, nurse practitioners, and physician assistants to work together with greater ease. This will be especially helpful in the vast rural areas of the Lone Star State.

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What Are the True Risks of Vicarious Liability?

Gallagher Healthcare    (10/21/2013)

As medical practices expand in size, an increased number of professionals come into contact with patients. This has many positive results: patients can get multiple opinions and diagnoses, allowing their treatment to be more well-rounded, and doctors can expand their patient network by bringing nurse practitioners and physician assistants on board. However, these additions can also bring added risk to doctors in the form of vicarious liability.

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Management Services Organizations (MSOs) - Emerging Trends in Hospital/Physician Affiliations

Dean Gereau    (10/1/2013)

The landscape of healthcare practice structures continues to evolve and create new incarnations of medical service delivery models. An example of this evolution is the adaptation of physician clinical practices beyond the individual practice setting into the integrated and collaborative world of hospital ownership, large provider group absorption and Accountable Care Organizations etc. This consolidation trend towards a more broader based, top-down organization has resulted in an often frustrating loss of physician independence and control over their clinical practice. Management Services Organizations have gained prominence an organizational structure which solves some of these concerns by allowing physicians to maintain an element of independence while remaining competitive with larger corporate or hospital based provider groups.

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Deciphering who covers your tail

Gallagher Healthcare    (7/31/2013)

When it comes down to who is responsible for purchasing your medical malpractice insurance tail when you are leaving a group should always be discussed and agreed upon in a contract at the beginning of your employment. If this was not previously addressed then there are different situations that can arise, each one depending on either the group you are leaving or if you are joining a new group. One way that can happen is that you end up having to pay for your tail if both, the group you have left or the group you are switching to refuse to purchase it on your behalf. The next could be if that you do not feel that you need to tail, but your old group does not feel comfortable having a period of no coverage then they would end up buying it. Another outcome is that the new group agrees to pay percentages of your tail, but depending on the number of years that you keep practicing with them. For instance, a new group could make a deal with you that if you leave after the first year then you must pay for your own tail, after two years then you would both split the costs, and if you stay with them for three or more then they cover all of the costs. These are all possible to happen; it just depends on who has more leverage in the situation.

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Gallagher Healthcare's New Blog

Hal Williams    (7/30/2013)

Welcome to the new blog on industry topics from Gallagher Healthcare. Over the years, Gallagher Healthcare has built broad, strong and trusted network insurance carriers and has engineered numerous creative insurance solutions. This gives us a solid knowledge base to inform our clients and website visitors about the intricacies of medical malpractice insurance. Contained in this blog will be a wide range of medical malpractice insurance knowledge and industry news. Feel free to join in on the conversation.

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