When choosing their malpractice insurance, doctors often look only
at premiums. They compare the premiums offered by various companies and
pick the least expensive one, mainly because they are under the wrong
impression that all policies are pretty much the same.
The fact is, to get a reduced premium in any kind of insurance, you
have to give up something.
In health insurance, for example, you can lower your premium by
increasing your deductible. You pay less each month, but you might be
responsible for up to the first $25,000 in medical costs. The same thing
is true with auto insurance. If you're willing to take a risk with lower
coverage, you can save on premiums. And in life insurance, you can get a
real bargain if you don't mind a policy that pays $5,000 and may terminate
when you reach age 65!
When it comes to professional liability insurance, just about every
chiropractic expert warns that there is a lot more to consider than just
the size of the premium.
Timothy Feuling, vice-president of Chiropractic Benefit Services (CBS),
explains: "Good professional liability insurance is one of the most
important purchases you will make for your practice. Without a good policy
and company behind it, a lawsuit can break you -- even if you never did a
single thing wrong."
Other insurance experts all give similar advice.
"The first rule of choosing professional liability insurance is to
forget about the price. ... This insurance is protecting your very way of
life and means of support, so many other factors are more important,"
stated James Rooney in an article titled, "Choosing Professional
Liability Insurance."
Ed Bates, of Care Providers of Minnesota warns that, "One needs to
approach their insurance buying carefully during these times. What may
appear to be the best bargain today, may indeed cost you more longer
term."
And Margaret A. Bogie, insurance consultant for the American
Professional Agency, cautions that, "What looks like a bargain may
quickly lose its luster when you read the fine print."
The fine print -- not the premium -- is what separates a good policy
from a poor one. This fine print can include exclusions that will leave
you vulnerable to law suits, or allow the insurance company to settle a
case out of court even if you prefer to fight the accusations.
Let's review some of the major factors to look at when determining
whether a low-priced policy is really a "bargain."
Exclusions
Among the most common exclusions are those refusing coverage for such
situations as board complaints or sexual harassment lawsuits. Another
exclusion that has caused problems for some D.C.s excepts any lawsuit
resulting for "not-for-fee" care, that is, free care provided
for staff or others. Additional exclusions found in chiropractic
malpractice insurance policies include:
*** Infants under the age of 14 days
*** Professional athletes
*** Patients sent to collections or involved in disputes over fees
*** Pregnant women beyond their first trimester
*** Employees covered under your policy
Each of these exclusions lessen the value of a malpractice insurance
policy and can leave you vulnerable to lawsuits. Any policy containing one
or more of these exclusions is probably not going to offer full protection
and can end up being a costly mistake if purchased merely on the basis of
lowered premiums.
Deductibles
Another tactic used by many insurance companies today -- including at
least one chiropractic malpractice policy -- has been to slip a deductible
into the policy. Although deductibles were practically unknown in the
professional liability market a short time ago, some companies have begun
offered lower cost policies with deductibles of $5,000 or more. While
there is nothing intrinsically wrong with a policy that has a deductible,
it can quickly erase any savings you enjoyed on the premiums, and end up
costing you much more in the long run.
Quality of defense
Your insurance company is supposed to provide the best possible defense
for you if you end up in court. Yet, that isn't always the case.
In order to save themselves money, many insurance companies skimp on
the defense they provide. Since attorney fees account for a large portion
of defense costs, the first cost-cutting step for many insurance companies
is there.
"Some have frozen the hourly rates they pay lawyers, and forced
defense attorneys to accept more control over expenses. For instance, some
insurers are now limiting or requiring prior approval for payments to
medical experts, travel expenses, and even copying costs for medical
records and depositions," explained author Berkeley Rice in a Medical
Economics article.
Rice went on to warn that "stable premiums are no bargain if
rising legal costs mean you could end up with a weaker defense or be
pushed into a settlement you don't want. And that's exactly what's
happening, according to malpractice defense attorneys. As one of them puts
it, 'It's a dirty little secret in the industry, and doctors don't know
anything about it.'"
Consent to Settle clause
Unless a policy specifically contains a "Consent to Settle"
clause, the insurance company -- NOT the doctor -- makes the decision
whether to fight the charges in court.
According to some experts, many insurance companies are electing to
reduce their costs by refusing to defend doctors even when they are
completely innocent. "Rupp's Insurance & Risk Management
Glossary" includes the statement: "Since a settlement can affect
the reputation and earning ability of the insured, this type of clause is
an important consideration in selecting a policy."
Hammer clause
A hammer clause is a provision included in some consent-to-settle
clauses that tries to coerce you into accepting a settlement offer. With a
hammer clause, if you refuse the settlement offer recommend by the
insurer, the insurer's liability is limited to the amount of the
recommended settlement offer.
For example: if your insurance company wants to settle a claim out of
court for $50,000 but you want to clear your good name by fighting the
claim, the insurer will pay a maximum of $50,000 if you lose the case. If
the plaintiff is awarded $100,000, you would have to pay $50,000 plus any
deductible -- even if the policy is supposed to have $1 million coverage.
This clause is often referred to as a "blackmail provision" --
except by those companies offering it as part of their policies!
Attorney Kenneth S. Meyers writes, "Some hammer clauses also
eliminate the insurer's liability for defense expenses incurred after the
date of refusal, and some even allow the insurer to tender the defense
back to the insured at that point. Thus, although the insured might be
afforded the right to refuse to consent to a settlement, that right comes
with a significant cost attached to it."
Conclusion
Obviously, there are many factors to consider when purchasing
malpractice insurance. To focus only on premiums, choosing a
"cheap" policy -- one that could cost you hundreds of thousands
of dollars, or even your entire practice -- based on a savings of a few
hundred dollars a year, is the ultimate fool's bargain.
(Timothy J. Feuling is vice president of Chiropractic Benefit Services
(CBS) and the World Chiropractic Alliance. He assists doctors in
maximizing their practices through the proper choice of insurance and
related services. Doctors may contact him with questions, comments, and
requests for insurance quotes at 2950 N. Dobson Rd. Ste. 1, Chandler, AZ
85224, by phone at 800-883-0412 or by e-mail: feuling@cbsmalpractice.com).