This article is part of a series:
All of the factors addressed in Parts 1 and 2 of this article… increased patient population, increase in coverage benefits, change in practice/healthcare delivery models, changes in reimbursement models …contribute to intensified and newly created Medical Professional Liability (MPL) issues. Current MPL litigation trends are showing a reduction in the frequency of claims, but an increase in severity of awards. Large plaintiff verdicts are increasing dramatically, and frequency could begin to increase as more Americans gain access to healthcare through the ACA.
Plaintiff attorneys are currently studying the changing landscape of healthcare to identify areas of weakness in the new practice models. At the same time, law firms are increasing their arsenals through the employment of physicians with experience and expertise in identifying weakness in practices and medical cases, and educating their trial lawyers’ in psychology and acting skills to utilize in addressing juries.
Issues which have been identified that will need to be addressed by MPL writers/brokers include:
- Safety of patient information with the growth and unfamiliarity of EHR
- Identification of Who is ultimately responsible for care in the new practice models
- Failures in patient tracking and follow up
- Physician supervision/collaboration responsibilities involved with Mid-Level practitioners
- Corporate responsibility for negligence within ACO’s and/or larger physician groups
- Responsibility for failures to provide access to care as patient volume increases
- Evolution of new standards of care that will surely come from changes in practice models and the standard delivery of care
There is no question that the state of healthcare… health insurance, the locations and means of the delivery of healthcare, the practitioners/physicians that provide the care, and the liability landscape …is changing. It has already changed and will continue to adapt as providers/groups/hospitals align themselves to benefit from the new third-party reimbursement guidelines.
Contact a professional liability insurance specialist at 800.457.7790 or visit our quick quote form to obtain a no-obligation free quote for your professional medical liability insurance. Diederich Healthcare understands the need to reduce a practice’s overhead expense and shopping for a new medical malpractice insurance carrier is one of the easiest ways to cut out unnecessary costs.To contact the author, call 800-457-7790 and ask for Rob Cash.