Additional Resources on Malpractice Tail Coverage

Medical Malpractice Liability Tail Exposures Bring Risk

From: BusinessInsurance.com Date: October 16, 2011

“Sarah E. Pacini, VP of Risk Management and Insurance at Advocate Health Care Network in Oak Brook, Il., said Advocate prefers not to bring physicians’ tail exposures into the organization’s captive insurer when physicians become employees.” “When we look at a physicians group or even a single physician, we generally want to procure the tail coverage from the carrier they’ve been with,” Ms. Pacini said. “We believe that when a physician comes to Advocate, they’re practicing in a safer environment.”

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Verify Your Liability Coverage before Taking that New Job

From: The Hospitalist, April 2012

Does your employer provide your medical malpractice insurance coverage? Are you looking for new employment? Are you in the market to purchase a professional malpractice insurance policy? Are you planning to retire soon? If you answered “yes” to any of these questions, you likely will confront the concept of “tail” insurance at some point in your medical career. By Steven M. Harris, Esq., member of the law firm McDonald Hopkins, LLC in Chicago -Published April, 2012 in The Hospitalist, an official publication of The Society of Hopsital Medicine

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Smith, MD vs. Coffman, MD

At The Stand Alone Tail Program we frequently hear from physicians reviewing an employment contract they signed years ago or reviewing an employment contract recently offered. Here is a dispute over who is going to pay for malpractice tail coverage.

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Mulchin, MD versus ZZZ Anesthesia Inc

Appellant filed instant appeal of the judgment on Counts 1, 2, and 3. ZZZ filed a cross appeal of the trial court’s judgment for appellant on Count 6 relative to payment of tail insurance premiums of $39,717 plus 10 percent interest.

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Physician Separation Issues

From: The National Law Review Date: November 21, 2011

Does your employment contract properly address who is responsible for tail insurance upon departure? Maybe. The physician is usually responsible for the cost of “tail” coverage upon termination of employment, however, it may be the physician is responsible for the cost of “tail” coverage if the physician terminates his own employment (i.e. quits), or the practice is responsible for tail cost if the practice terminates the physician’s employment for cause – or your contact may be ambiguous which results in a negotiation with your soon to be former practice over the cost of tail insurance.

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