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Olivia GiaQuinta 01/11/2014 Resident Symposium Follow us on Twitter: @MedProDental
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What is Malpractice? Professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the dental community and causes injury or death to the patient. THE BASICS
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DENTISTS GET SUED? POLL
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When do you need coverage? Resident Moonlighting Private Practice Working Interview; Individual Coverage Military Moonlighting
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KEY TAKEAWAYS Policy Types: Occurrence & Claims-made Policy Limits: $2 million / $4 million Consent to Settle: Pure Consent Risk Management & Claims Team: Dental Specific
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Occurrence Coverage Responds to claims based on when the dental treatment occurred. Responds to claims based on when the claim is filed against you. Claims-made Coverage Dental treatment 2012 Claim is filed 2014 2013
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Residency Become a specialist after practicing for 4 years. Leave of Absence Raise a family, poor health, medical mission trip, etc. Claims Activity High claims activity, required to enter into Excess and Surplus. Relocation Move to a state where the carrier is not licensed. Trends Join/leave a chain or franchise that provides coverage. Faculty Leave private practice and work for a university. TAIL COVERAGE COMMON REASONS
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LET’S COMPARE
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2M/4M Occurrence Coverage 2M/4M Claims-made Coverage *Limits available after 10 years POLICY LIMITS Follow us on Twitter: @MedProDental
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CASE STUDY Follow us on Twitter: @MedProDental Defendant 48 year old dentist in Pennsylvania Substance abuse problem Voluntarily enters rehabilitation for a period of 120 days Patients seek care in other offices during his absenceAllegation Effects of practicing while impaired become evident 8 Malpractice lawsuits are filed in one yearConcern Limts: $500,000/ $1,500,000 Exceeds aggregate limit? Defense tries to keep settlements within policy limits, to protect doctors assets
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POLICY LIMITS $2 million / $4 million $5 million / $7 million $250k / $750k (Indiana) $100k / $300k (Louisiana) Occurrence Limit / Annual Aggregate Limit
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Considerations: Type of practice Specialty vs. General Venue of practice Comfort zone of doctor Years in practice, and accumulated wealth Tort environment and trends POLICY LIMITS
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CONSENT TO SETTLE Pure Consent “will not compromise any claim hereunder without the consent of the Insured.”
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Common Exceptions Unreasonable “Hammer” Binding Arbitration Board Approval No Longer Insured by the Company CONSENT TO SETTLE
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CASE EXAMPLE #1a Insured: Patient: Procedure: Allegation: Result: General Dentist 28 year-old female Third Molar Extraction Improper surgical technique; lack of informed consent; failure to refer to an oral surgeon Alleged permanent disability due to left lingual nerve injury and chronic pain.
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Paintiff Seeking: $120K Past medical expenses $250K Future medical expenses $750K Past and future lost income $500K General damages (pain, suffering, disability, alleged inability to have children) Willing to Settle for $100K CASE EXAMPLE
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Settlement: What’s the big deal? Fulton County Jury Verdict: General Dentist cleared of negligence charges
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What is Risk Management? Resources (courses and people) to help keep you out of the courtroom and in your office working, where you belong. THE BASICS
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What is Claims Defense? A team of defense attorneys (dental specific) and expert witnesses committed to protecting your reputation, license, and assets. THE BASICS
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We are the company who started it all in 1899. Berkshire Hathaway - Warren Buffett We offer the broadest coverage - Occurrence - Claims-made - Convertible claims-made Industry’s highest financial ratings A++ from A.M. Best Who is MedPro? We offer PURE consent to settle. We have specialized Risk Management and Claims Teams.
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NUMBERS 95 % How often MedPro wins when a claim goes to trial.80% Dental cases filed against MedPro insured that closed with no loss payment.99% MedPro insureds are pleased with our claims service after we’ve defended them. 400k + Malpractice claims MedPro has managed since 1899.25 Average number of years MedPro claims managers have in the healthcare liability industry.0 Exceptions to our consent to settle provision.1899 Malpractice insurance was invented by the same physicians who founded MedPro. THAT MATTER
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Policy Types: Occurrence & Claims-made Policy Limits: $2 million / $4 million Consent to Settle: Pure Consent Risk Management & Claims Team: Dental Specific KEY TAKEAWAYS
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THANK YOU! Follow us on Twitter: @MedProDental Olivia.GiaQuinta@medpro.com 260.442.1806
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Student Video Submissions Malpractice 101 YouTube Sausha Toghranegar (D4 @ Nova) submitted this YouTube video last year which was purchased by MedPro. VIDEO
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