Medical Malpractice Coverage in a PPE World

Healthcare facilities and frontline workers face increased risks because of stress and possible COVID-19 infection along with rising malpractice litigation. Coverage is needed to protect your clients both internally and externally from malpractice claims. 

Internally, your medical clients may face litigation from staff who claim they were not provided with proper personal protective equipment (PPE). On the other hand, patients may file claims against your clients if they feel your client was simply not prepared, not organized, and generally negligent.

While physicians may hold some form of liability insurance because of the greater risk of litigation associated with their practice, nurses are more at risk of incurring legal expenses right now as they practice across specialties, facilities, and states with different codes of conduct due to the pandemic.

At Quaker Special Risk, we understand Personal Liability Insurance and can work with you to provide exceptional Medical Malpractice coverage to meet the unique needs of your medical, nursing staff, home health, and assisted living clients.

Our Medical Malpractice offerings cover a range of expenses associated with defending and settling malpractice suits; it also pays damages if your client is found liable. Covered costs include:

  • Attorneys’ fees and court costs.
  • Arbitration costs.
  • Settlement costs.
  • Punitive and compensatory damages.
  • Medical damages.

Medical malpractice does not cover liability arising from sexual misconduct, criminal acts, and inappropriate alteration of medical records.

When weighing Medical Malpractice insurance options, it’s important to remind your clients that a claim may be filed years after the disputed treatment took place. There are two types of policies they can obtain:

  1. Claims-Made Policy. A Claims-Made policy will only provide coverage if the policy is in effect when the claim is first brought against the insured and the allegedly negligent act took place on or after the retroactive date (if any) in the policy.
  2. Occurrence Policy. An Occurrence policy will cover any claim arising out of an event that takes place during the period of coverage—even if the claim itself is filed after the policy lapses.

Some Claims-Made policies will provide a period of extended, or “tail” coverage extending coverage for a set amount of time—e.g., three years—after the policy ends. This extended reporting period applies only to the reporting of claims. Medical professionals may want to purchase tail coverage when they change insurance policies, take a new position, or retire.

Protecting your medical clients is important work, particularly during this time with increased exposure to the coronavirus. Connect with our friendly staff at Quaker Special Risk today to learn how we can protect your clients in the days and years to come.

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