Question:
Jennifer,
My employee made a mistake and she was sued and my practice was also named. My malpractice carrier said I don't have entity coverage and I should call my own lawyer. Now what?
Thanks,
Dr. P
Answer:
Disaster. Call the broker, call the carrier, give me their number, its time for us to be assertive and demand coverage. Making an assumption this is a long term relationship for you, the carrier should step up and cover the practice. As the owner, there you would have been better served being personally named, if you have insurance under your name. Having to shoulder the burden of a malpractice suit without the benefit of insurance is not an acceptable risk. Only with NO OTHER OPTIONS would we answer the suit on your behalf without insurance benefit. You would have out of pocket legal expenses + the threat of owing a recovery under the lawsuit.
We can step in to help with the broker and carrier, and also work a solution with Plaintiff's counsel as necessary. Priority 1: get you covered.
Our litigation team is available to answer the suit, if, as a last resort, insurance is not covering. We have seen in the past where a doctor simply does not have malpractice insurance. Ill-advised, but has been the case.
Reminder to All: Call your broker, call your carrier - confirm coverage for malpractice insurance for your entity and yourself and your employees!