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Our medical malpractice blog is your source for information on upcoming Medical Liability Monitor articles as well as breaking business, political, legal and risk management issues affecting medical malpractice insurance companies.
The 2022 Annual Rate Survey: This Won’t be Your Parents’ Hard Market
Medical Liability Monitor mailed its Annual Rate Survey special issue to subscribers last week! This is medical malpractice insurance rate information you need to recognize premium trends and keep pace with the competition.
Medical Liability Monitor’s Annual Rate Survey publishes the mature, base-rate medical liability insurance premiums for Internal Medicine, General Surgery and Obstetrics/Gynecology from every insurer of significance — in every county, every state. An executive commentary from experts at the global consultant Conning compares this year’s rate data with that from previous Surveys to project where the medical professional liability insurance industry might be heading. This is the benchmark data you need to spot pricing trends.
Visit www.medicalliabilitymonitor.com/subscribe-now/ and click on the “Special Offer” button to get this year’s Annual Rate Survey, one year’s monthly subscription to Medical Liability Monitor and next year’s 2023 Annual Rate Survey. Or call Mike Matray at 312-944-7900 with your credit card information.
The Doctors Company announced that it has now distributed more than $150 million in Tribute Plan awards to more than 12,000 member insureds. Tribute recognizes retiring doctors for their loyalty and commitment to superior patient care. To date, the highest award has been $264,808.
The Doctors Company Board of Governors directs surplus towards the Tribute Plan loyalty program. Each eligible member accumulates an individual balance representing their share of the loyalty pool. Member insureds become eligible to receive their accumulated loyalty pool award balance when they permanently retire at age 55 or older with five or more years of continuous coverage with The Doctors Company.
“The Tribute Plan is tangible proof of our mission to advance, protect, and reward the practice of good medicine,” said Richard E. Anderson, MD, FACP, chairman and CEO of The Doctors Company and TDC Group. “I’m pleased that in our recent survey of members, 92% recognized the importance of Tribute and 90% expressed satisfaction with our unmatched benefits.”
The physician and medical practice advisory firm Curi announced that the rating agency AM Best has affirmed the "A" (Excellent) rating for its insurance businesses for the 19th consecutive year, along with providing a long-term issuer credit rating of "a+" (Excellent). Curi Insurance provides medical professional liability insurance and alternative risk solutions for physicians and their practices. The A.M. Best outlook for these credit ratings is stable.
"Nineteen consecutive years of 'A' ratings from A.M. Best are a testament to our consistent financial performance and strong foundation," said Brad Diericx, Curi Insurance’s chief executive officer. "We're incredibly proud of these ratings and remain as committed as ever to the disciplined approach and strategies that have helped us earn this recognition, and importantly, allow us to continue meeting the ever-changing needs of our member-owners."
"We're honored to once again be recognized by A.M. Best for our strength, discipline, and innovation—particularly in light of the challenges that our industry and our customers are facing right now," said Jason Sandner, Curi's chief executive officer. "These ratings are an important reflection of the diligent work of our team and always have us looking toward the future, as we identify new opportunities to grow and strengthen our business to best support the members we serve."
For more information on A.M. Best's 2022 rating of Curi, click here. For more information on Curi's recent financial performance, see the company's Annual Reports at https://curi.com/annual-reports.
Bienville Surgery Centerin Vancleave, Miss., received the LAMMICO 2021-2022 Patient Safety Award and Grant. This year, the honor focused on mitigating the effects of devastating events such as hurricanes, pandemics, terrorist attacks or situations in which practitioners may make medical errors. If a healthcare provider already has burnout, the combination of the ongoing burnout symptoms and the trauma from the new devastating event may produce even greater physical and emotional reactions and impact patient safety.
By demonstrating the best support mechanisms for staff along with the impact of the interventions on staff and patient safety after completing LAMMICO's risk management and patient safety education, Bienville Surgery Center was awarded a:
$10,000 grant to be used for nursing professional development
One-year Risk Manager membershipto the American Society for Healthcare Risk Management (ASHRM)
One-year complimentary membershipto Medical Interactive Community for all employees to access our risk management CME/CNE/MOC courses online
After completing LAMMICO’s educational activity, “Devastating Events: Moving from Trauma to Tranquility,” Bienville Surgery Center’s leadership team discussed how to build relationships to improve staff safety and satisfaction as a way to also impact patient safety and satisfaction. A “Donuts and Dialogue” peer support group was formed to foster human connections and create an environment of trust and camaraderie among employees. The leadership team also revamped leadership rounding with enhanced rounds having a leadership presence in all areas of the center. This enhanced rounding boosted morale and assisted staff. It increased patient safety as staff is more likely to ask questions of administrators and clinical leaders on the floor, and thus potentially decrease errors.
Another method employed by Bienville Surgery Center was to develop a book club. Led by staff, the “Unofficial Book Club” provides an avenue to decompress and focus on self-healing and stress relief. In addition, a paid time off accrual increase for staff was implemented with a new rollover limit set to encourage employees to use their vacation time throughout the year to avoid burnout.
Bienville Surgery Center’s grant application noted, “COVID-19 has changed the world as we once knew it and many healthcare workers are attempting to pour from an empty cup. At Bienville Surgery Center, we feel confident that the support mechanisms we have integrated into our everyday operations are helping fill the cups of our employees.”
Modest Slowdown in Premium Growth Distinguishes Second-Quarter Financial Results for MPL Specialty Insurers
In our analysis of 2022’s first quarter (see MLM, July 2022), we discussed the increase in premium associated with MPL writers boosting rate levels in jurisdictions with poor underwriting results. This growth slowed modestly during the second quarter as premium growth (i.e., the premium written in second-quarter 2022 compared with that written in second-quarter 2021) decreased by 2%. However, the composite’s direct written premium is still up 2.2% in aggregate, relative to the second quarter of 2021 (Figure 1), due to the strong first quarter in 2022. Despite the slowdown, the 2022 full-year premium still has a shot at challenging the composite’s 2006 peak …
Health Insurer Sued for Medical Malpractice Over Prior Authorization
The estate of Kathleen Valentini blames her health insurance company Group Health Inc. (GHI) and its utilization review process for her 2020 death from cancer. Attorneys for her estate argued that the insurer’s denial of prior authorization for an MRI constituted medical malpractice, a delay in diagnosis that led to the amputation of her hip, pelvis and leg and ultimately caused her death …
Pennsylvania Supreme Court Expands Medical Malpractice Venue Rule
The Supreme Court of Pennsylvania last month directed that medical liability lawsuits can be filed in almost any county within the commonwealth, rather than requiring such claims be filed in the county where the adverse medical outcome occurred. The amendment expanding Pennsylvania’s medical malpractice venue rules will take effect Jan. 1, 2023 …
North Carolina Supreme Court Overrules 90-year Precedent Shielding Nurses from Medical Liability Claims
The Supreme Court of North Carolina last month overturned a 90-year-old state court precedent that protected nurses from civil liability when they were working under a physician’s supervision. The high court did so because “the nursing profession evolved tremendously over the 90 years since” the precedent was set — with the training, licensure, responsibility and scope of practice for nurses expanding greatly ...
MagMutual to Acquire MDAdvantage of New Jersey
MagMutual Insurance Co. announced last month that it and MDAdvantage Holdings Inc. reached an agreement for MagMutual, headquartered in Atlanta, to acquire the New Jersey-based insurer of medical liability. The acquisition is subject to regulatory approval from the New Jersey Department of Banking & Insurance and MDAdvantage Holdings shareholders. The transaction is expected to close before the end of 2022 …
Constellation to Acquire Centurion Medical Liability Protective RRG
Constellation announced it has entered into an agreement to acquire Centurion Medical Liability Protective Risk Retention Group and to provide ongoing management services to its insureds. Customers with Centurion policies expiring on or after Jan. 1, 2023, will receive a non-renewal notice from Centurion and renewal terms from MMIC RRG. MMIC RRG is sponsored by Constellation, a portfolio of medical liability insurance companies that includes MMIC Insurance Inc., UMIA Insurance Inc. and Arkansas Mutual Insurance Co. …
The board of directors of ProAssurance Corp. declared a cash dividend of $0.05 per common share, payable on October 13, 2022, to shareholders of record as of September 29, 2022.
The ProAssurance dividend policy anticipates a total annual dividend of $0.20 per share, to be paid in equal quarterly installments. However, any decision to pay future cash dividends will be subject to the board’s final determination after a comprehensive review of the company’s financial performance, future expectations and other factors deemed relevant by the board.
MedMal Direct Insurance Co. named Steven Carey its new vice president of claims, effective immediately.
“Steven is an experienced claims professional with a strong desire to apply the strategies learned to defend our insureds working with our local defense counsel,” Marc D. Hammett, MedMal Direct president and CEO. “I have had the pleasure to work with him directly since he joined our team in 2020. His understanding of physician medical professional liability claims coupled with his dedication to being responsive to our insureds, clear communication throughout the process and securing expert counsel to defend their reputation. This passion and desire to work on behalf of our insureds during this difficult and trying time makes Steven the perfect selection to assume this role for the organization.”
Carey previously served as the assistant vice president of claims for MedMal Direct and has more than 14 years of claims management experience in medical professional liability.
“Our Board is pleased to have Steven assume the VP of claims role and the challenge to manage the claims responsibilities at MedMal Direct,” said P. Butler Ball, CEO and director of Physicians Trust, Inc., MedMal Direct’s parent company. “Steven’s experience in the industry, his commitment to excellence and his dedication to our insureds makes him the ideal choice to lead our claims team.”
National law firm Wilson Elser announced today that two lateral partners have joined the firm's Medical Malpractice & Health Care Practice in the White Plains and New York offices, effective September 1, 2022.
Timothy Sheehan and Joe Swart joined the firm from DeCorato Sheehan Merolesi & Federico LLP. Before working at DeCorato, Sheehan was a trial lawyer at Wilson Elser from 1987 to 2012, serving as a partner for the last 19 years of his tenure.
In returning to the firm, Sheehan will be based in the White Plains office, and Swart will work in the New York City office.
"I want to welcome Tim and Joe to the firm and to our practice," said Lori Semlies, co-chair of Wilson Elser's Medical Malpractice & Health Care Practice. "Tim and Joe will strengthen our already deep trial bench and bolster the defense litigation capabilities we offer our clients. On a personal note, I was an associate on Tim's team when I joined Wilson Elser, and am thrilled to be working with him again."
Sheehan is an experienced trial attorney, focusing on the defense of high-exposure medical malpractice claims. For more than 35 years, he has represented hospitals, physicians, nursing homes, podiatrists, nurse practitioners, dentists, chiropractors and other medical professionals in a myriad of claims arising out of the delivery of medical care across all areas of specialization.
As a measure of his experience and reputation, Sheehan was certified by the Supreme Court of the State of New York as a medical malpractice panelist and served in that capacity in Westchester, New York and Kings counties while the panel system was in effect.
Swart concentrates his practice on defending hospitals, physicians, physicians' assistants, nurses and nurse practitioners. He specializes in every aspect of complex medical malpractice litigation, including obstetrics, gynecology, oncology, brain injury and surgical cases, often obtaining an early dismissal or facilitating a defendant's verdict at trial.
Prior to entering private practice, Swart was a prosecutor in the Kings County District Attorney's Office, where he spearheaded long-term criminal investigations into narcotics and firearms trafficking cartels, including the Latin Kings and other gangs. His investigations received attention from national media, including Court TV, The New York Times and HBO.
Sheehan earned his J.D. degree in 1984 from University of Buffalo Law School and a B.A. degree in 1981 from the University of Buffalo. Swart earned his J.D. degree in 1996 from New York Law School and a B.A. degree in 1993 from Auburn University.
AM Best has affirmed The Doctors Company's financial strength rating (FSR) of A (Excellent) and its long-term issuer credit rating (ICR) of "a+". The outlook of these ratings is stable. These ratings apply to The Doctors Company, An Interinsurance Exchange, and its subsidiaries: TDC Specialty Insurance Company, TDC National Assurance Company, TDC Special Risks Insurance Company, and The Doctors Company Risk Retention Group, a Reciprocal Exchange.
"These ratings from AM Best reflect the strength and stability of our company and reinforces our vision to build the preeminent organization for service to healthcare," said Richard E. Anderson, MD, FACP, Chairman and CEO of The Doctors Company and TDC Group. "Our financial strength allows us to help healthcare professionals meet the challenges of a constantly shifting landscape and better serve our members."
A strange story in which a malpractice trial verdict ruled in favor of the defense was thrown out by the judge because the defense attorney's firm posted a video on their social media accounts in which the lead attorney brags about lying during the trial. A new trial is set to take place in the near future. We'll keep you updated.
Bragging lawyer has medical malpractice verdict thrown out
Plan awards to more than 12,000 member insureds. Tribute recognizes retiring doctors for their loyalty and commitment to superior patient care. To date, the highest award has been $264,808.
has affirmed the "A" (Excellent) rating for its insurance businesses for the 19th consecutive year, along with providing a long-term issuer credit rating of "a+" (Excellent). Curi Insurance provides medical professional liability insurance and alternative risk solutions for physicians and their practices. The A.M. Best outlook for these credit ratings is stable.
Award and Grant. This year, the honor focused on mitigating the effects of devastating events such as hurricanes, pandemics, terrorist attacks or situations in which practitioners may make medical errors. If a healthcare provider already has burnout, the combination of the ongoing burnout symptoms and the trauma from the new devastating event may produce even greater physical and emotional reactions and impact patient safety.
share, payable on October 13, 2022, to shareholders of record as of September 29, 2022.
defend our insureds working with our local defense counsel,” Marc D. Hammett, MedMal Direct president and CEO. “I have had the pleasure to work with him directly since he joined our team in 2020. His understanding of physician medical professional liability claims coupled with his dedication to being responsive to our insureds, clear communication throughout the process and securing expert counsel to defend their reputation. This passion and desire to work on behalf of our insureds during this difficult and trying time makes Steven the perfect selection to assume this role for the organization.”
Medical Malpractice & Health Care Practice in the White Plains and New York offices, effective September 1, 2022.