Provided by:  Jennifer Kirschenbaum, Esq.

April 4, 2019


Hi Jennifer,

I have practiced as a solo practitioner for several decades.  Recently it was recommended to me to form a corporate entity to protect myself from a malpractice claim.  What do you think?  Should I form one? 

Thank you,
Dr. C


Well, there may be a few reasons to form a corporate entity, but protecting yourself from a malpractice claim isn't high on that list.  As a professional you cannot insulate yourself from a claim of professional malpractice.  If a patient or their family sues, you would be named personally.   This is why you have insurance - to cover against malpractice claims.   So, should you form solely to protect against a malpractice claim when you are practicing as a solo? No.  However, you may elect to engage in corporate structuring to move assets out of your name to protect against malpractice exposure - but that is a different conversation related to planning and protection.  

Would my answer change if you employed other providers?  Yes.