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06 Oct Medical Professionals: A Common Target for Opportunists
The simple fact is that we live in an increasingly litigious society. Just like the rest of us, attorneys are out trying to make a living in a tough economy. What 20 years ago might have been passed over as an innocent oversight or a common occurrence, now represents an opportunity to hold somebody personally liable. Frivolous or opportunistic lawsuits are a legitimate concern for most of us, but they are also a significantly growing concern for medical professionals.
Most medical professionals carry malpractice insurance policies with professional liability coverage, or the hospitals and care centers that they work for have policies that cover professional errors or actions while on the job. But what about personal liability claims against medical professionals: sexual harassment and molestation claims, acts that can be construed as off-duty care, or the myriad of frivolous claims that can be made by patients against their caregivers that fall outside of traditional insurance coverage? Here are a few examples to consider:
- Chicago Doctor charged with sexual assault.
- Orthopedic Surgeon Sued for Battery for using cadaver bone that patient allegedly did not consent to
- Doctor facing criminal charges for allegedly fondling patient
- Physician sued for allegedly refusing to pay for a sign language interpreter for a deaf patient. Allegedly violated ADA, the Rehabilitation Act and the state’s anti-discrimination law.
- Physician sued under the theory of common negligence (not medical malpractice) for failure to warn patient of the danger of driving after taking the prescribed medications.
- Nurse sued for negligence and causing a resulting injury when he needed three attempts to successfully start an intravenous catheter.
What happens when a frivolous or opportunistic claim falls categorically into the exclusions in a medical professional’s traditional policies? Worse yet, what happens when the employer decides to hold the employed medical professional personally liable for actions or decisions that have resulted in frivolous claims? In fact, it has become increasingly common for opportunistic attorneys to seek liability and damages from both businesses and individuals as a method of maximizing client benefit from a claim.
XINSURANCE policies are designed to provide supplemental coverage that protects medical professionals from personal and individual professional liability – including coverage for legal defense when claims are ill-conceived or frivolous. The XINSURANCE underwriting process helps medical professionals (including physicians, nurses, therapists, technicians, paramedics and other EMS staff) to identify the specific activities they engage in that could expose them to legal risk. For more information follow this link.