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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.
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
Positive Physicians Holdings, the holding company of Positive Physicians Insurance Company and Positive Professionals Management LLC, promoted Brian Durkin to its chief financial officer position. Durkin will also continue to serve as treasurer. Mark Keyser had been serving as the company’s interim CFO and is expected to remain with the company in a consulting role. This appointment was approved by the Positive Physicians Board of Directors on Aug. 15.
“I am pleased to announce the promotion of Mr. Durkin as our next CFO,” said Michael G. Roque, Positive Physicians president and chief executive officer. “I am confident Brian has the strategic vision and depth of industry experience to lead our finance organization. It is important to have the best talent to help us execute on our strategic initiatives for 2022 and beyond, including achieving significant growth and changing the landscape of the MPL industry by creating new ways of transacting business. I’m excited to have Brian join our executive team to help us continue to build on the Company’s momentum in the MPL industry.”
Durkin has more than 16 years of experience in the property and casualty insurance industry. He recently served as Positive Physicians’ senior vice president and treasurer. Prior to joining the company as controller in December 2020, he served in various roles during his 8-year tenure at Chubb.
Mutual Insurance Company of Arizona (MICA) announced that Ed Marley will be the organization’s new president andchief executive officer, effective Sept. 1, 2022. As this new role, Marley will succeed James Carland, MD, who has led MICA as president and CEO since 1997 and as chairman of the MICA Board of Trustees since 2003. Carland will continue as executive chairman of MICA’s Board of Trustees.
Marley steps into this role after leading MICA’s financial operations for 11 years as its chief financial officer. Under his leadership, MICA strengthened its financial position as demonstrated by its rating of A (Excellent) from AM Best Company. MICA’s balance sheet has grown to nearly $1.2 billion and $800 million in statutory surplus during his tenure. Since its inception, MICA has issued $700 million in policyholder dividends.
“During an extensive nationwide search, we sought someone who had the business acumen, industry expertise, and long-term vision to further MICA as an industry leader,” Carland said.“We are confident that with his leadership, Ed is the right person to continue MICA’s commitment to its member-insureds and its physician focused mission.”
Marley brings an extensive history of professional liability experience to his new role. Prior to joining MICA, he served as vice president at The Doctors Company and at SCPIE Holdings Inc. Earlier in his career, he served as the chief financial officer for a professional liability carrier insuring CPAs.
Marley is active within the Medical Professional Liability Association, having been past chair and current member of its Technology, Human Resources & Finance Committee and a member of the Committee on Rating Agency Relations. He earned an MBA from the University of San Francisco and received an undergraduate degree from the University of Maryland, College Park.
“As President and CEO, I plan to continue the strong and enduring mission of MICA,” Marley said. “MICA is an exemplary advocate for its physicians and advanced health care professionals and a regional industry leader.”
AM Best has assigned a Financial Strength Rating of A (Excellent) and the Long-Term Issuer Credit Rating of “a” to MMIC Risk Retention Group, Inc. The outlook assigned to these Credit Ratings is stable. MMIC RRG is a sponsored risk retention group of Constellation, Inc., the parent company of MMIC Insurance, Inc., which is the lead member of Constellation Insurance Group (Constellation).
The ratings of MMIC RRG reflect the consolidated balance sheet strength of Constellation, which AM Best categorizes as strongest, as well as its adequate operating performance, neutral business profile and appropriate enterprise risk management.
The rating assignment level reflects MMIC RRG’s role as a member of Constellation. Explicit support is provided to MMIC RRG through participation in a quota share reinsurance program with MMIC Insurance, Inc. In addition, MMIC RRG is fully integrated into Constellation’s operations and strategic plans, including a centralized management structure.
Constellation sponsored the formation of MMIC RRG in 2011 to meet the geographic expansions needs beyond its licensed territories. Constellation specializes in providing medical professional liability insurance to physicians, clinics, hospitals and other healthcare facilities, ancillary healthcare providers, long term care facilities and also offers self-insured retention options.
Pennsylvania General Assembly Debating Bill to Consider Constitutional Amendment Empowering it to Establish Venue Rules
Certain members of the Pennsylvania General Assembly want unambiguous authority to set venue policy in the area of medical professional liability (MPL) lawsuit filings. To that end, state Rep. Rob W. Kaufmann recently introduced a joint resolution to consider a constitutional amendment empowering the General Assembly to establish venue in civil cases. The General Assembly’s interest in setting venue policy stems from a recently proposed change to venue rules by the Supreme Court of Pennsylvania’s Civil Procedural Rules Committee. The proposal would revise a 2002 rule requiring plaintiffs to file MPL claims in the county where the alleged injury occurred …
Maryland High Court Rules Loss of Years Claim Not Available via Wrongful Death Statutes
A patient’s terminal illness does not give rise to a wrongful death claim based on the argument that the person would have lived longer had the diagnosis been correctly made and life-extending treatment started earlier, a divided Maryland Court of Appeals ruled last month in a 5-2 decision. The Court of Appeals is the highest court in the state of Maryland ...
The Autonomy of Hospital Ethics Committees Post-Dobbs: It’s Unclear How Restrictive State Laws Will Be Applied to Complex Medical Situations
Since the United States Supreme Court’s Dobbs v. Jackson Women's Health decision, there’s been significant discussion by lawyers, philosophers, healthcare providers and political leaders. The ruling has created uncertainty and confusion for those working in the healthcare space, and as lawyers, we are now being asked to advise our clients on myriad issues ranging from criminal culpability to the tax consequences of providing or paying for reproductive care. At the provider level, the questions we’re being asked are founded on the principle of autonomy. How can I provide appropriate care for my patient? Does my patient have the autonomy to make reproductive healthcare decisions? Is my autonomy as a provider different than it was two weeks ago? …
NM Appeals Court Holds Patient to Signed Arbitration Agreement
The New Mexico Court of Appeals recently reversed a ruling by a district court judge that denied a motion by Sunset Villa Care Center to compel arbitration for a medical liability lawsuit in which the patient signed an arbitration agreement. The appellate court determined that the district court erred in denying the motion to compel arbitration on contract validity grounds because the arbitration agreement was supported by alternative consideration and that the language of the delegation clause requires questions regarding enforceability and unconscionability be submitted to the arbitrator, not to a judge or jury …
AM Best has affirmed the Financial Strength Rating of A++ (Superior) and the Long-Term Issuer Credit Ratings of “aa+” (Superior) of the members of MedPro Group. These Credit Ratings apply to The Medical Protective Co. and its affiliates: Princeton Insurance Co., PLICO Inc., Wellfleet Insurance Co, and Wellfleet New York Insurance Co; as well as MedPro’s two reinsured affiliates, MedPro RRG Risk Retention Group and AttPro RRG Reciprocal Risk Retention Group. The outlook of these Credit Ratings is stable.
The ratings reflect MedPro’s balance sheet strength, which AM Best assesses as strongest, as well as its strong operating performance, favorable business profile and appropriate enterprise risk management.
The ratings also acknowledge MedPro’s risk-adjusted capitalization being at the strongest level, as measured by Best’s Capital Adequacy Ratio (BCAR), long-term profitable operating performance and the leading market position it maintains in the medical professional liability (MPL) sector. Additionally, the ratings consider the group’s substantial distribution capabilities, prudent claims-handling philosophy and culture of holistic risk management. The group consistently outperforms peers by most metrics, illustrated by substantial returns on equity, low operating ratios and solid net underwriting income. Furthermore, the ratings benefit from the explicit and implicit financial support provided by its affiliate, National Indemnity Co., and MedPro’s ultimate parent, Berkshire Hathaway Inc., which includes reinsurance programs, investment opportunities and capital support.
Partially offsetting these positive rating factors are the inherent challenges associated with the MPL line of business, particularly as it relates to price competition, changing market dynamics, potential changes in legislation (i.e., tort reform), increasing loss cost trends and regulatory risk. At the same time, AM Best recognizes the organization’s strong management team, diversified premium base and jurisdictional diversity, which have contributed to MedPro outperforming its peers over the longer term.
The group’s large allocation to common stocks exposes it to significant volatility during periods when the equity markets experience sharp declines. The group has historically demonstrated its ability to absorb this occasional volatility due to its low underwriting leverage and the investment managers’ historical trend of success in turbulent markets.
Curi announced that its insurance arm, Curi Insurance, has been named to the Ward's 50 list of top-performing property and casualty insurance companies for 2022. Curi Insurance is the only company that specializes in physician professional liability to make the Ward's 50 list for the third year in a row.
"We're extremely proud to be recognized as a top-50 property-casualty insurer by The Ward Group," said Brad Diericx, Curi Insurance's CEO. "We remain deeply committed to the physicians and practices we serve, and our strong financial foundation and underwriting discipline will continue to be critical as we help them navigate and protect their businesses from the many challenges facing healthcare right now."
Ward Benchmarking, part of Aon, is a provider of benchmarking and best practices for the insurance industry. The group analyzes the financial performance of nearly 3,000 property-casualty companies in the U.S. every year to identify top performers. Each company on the list must pass primary safety and consistency tests and also achieve superior performance in areas such as revenue growth, surplus growth, and average combined ratio over a five-year analysis period to be included on the Ward's 50 list.
The 2022 list recognizes outstanding financial results in the areas of safety, consistency and performance from 2017 to 2021.
"It's rewarding to see the exceptional work of our Curi Insurance team recognized by Ward again this year," said Jason Sandner, Curi CEO. "The trust they've established with our policyholders and our steady insurance results have enabled Curi's continued growth—all in pursuit of our mission to help physicians in medicine, business, and life. We now reach more physicians across a broader geography than ever before, with new service lines and offerings from our Curi Advisory and Curi Capital businesses as well."
Integris Group announced the election of Victoria Reyes, MD, to a three-year term on its board of directors. The election became official at the Integris Group Incorporated Annual Meeting on June 11.
“We were pleased to see that membership recognized the wealth of knowledge and experience that Dr. Reyes brings to the board of directors,” said Stephen J. Gallant, Integris Group chief executive officer. “Her presence on the board will prove to be an asset to the entire company as we continue to expand our footprint and offerings to members.”
Reyes is board-certified in anatomic pathology and clinical pathology. Throughout her career, she has served on numerous committees that focus on safety and quality in the laboratory and patient care setting. She has been the chair of the Pathology Department and the laboratory medical director at Lawrence & Memorial Hospital since 2009 and Westerly Hospital since 2013. She is currently in private practice at Pathology Consultants of New London.
Medical Malpractice & Health Care Practice in the White Plains and New York offices, effective September 1, 2022.
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.
Professionals Management LLC, promoted Brian Durkin to its chief financial officer position. Durkin will also continue to serve as treasurer. Mark Keyser had been serving as the company’s interim CFO and is expected to remain with the company in a consulting role. This appointment was approved by the Positive Physicians Board of Directors on Aug. 15.
organization’s new president and
Credit Rating of “a” to MMIC Risk Retention Group, Inc. The outlook assigned to these Credit Ratings is stable. MMIC RRG is a sponsored risk retention group of Constellation, Inc., the parent company of MMIC Insurance, Inc., which is the lead member of Constellation Insurance Group (Constellation).
Credit Ratings of “aa+” (Superior) of the members of MedPro Group. These Credit Ratings apply to The Medical Protective Co. and its affiliates: Princeton Insurance Co., PLICO Inc., Wellfleet Insurance Co, and Wellfleet New York Insurance Co; as well as MedPro’s two reinsured affiliates, MedPro RRG Risk Retention Group and AttPro RRG Reciprocal Risk Retention Group. The outlook of these Credit Ratings is stable.
top-performing property and casualty insurance companies for 2022. Curi Insurance is the only company that specializes in physician professional liability to make the Ward's 50 list for the third year in a row.
of directors. The election became official at the Integris Group Incorporated Annual Meeting on June 11.