Insuring Medical Malpractice by Frank A. Sloan

By Frank A. Sloan

The price of malpractice coverage to physicians has been expanding lately, as has the danger to physicians of being sued. This e-book describes and analyzes the workings of the marketplace for physicians' legal responsibility coverage. The authors use their very own facts and different resources to review questions akin to: Is the marketplace for clinical malpractice assurance aggressive? Has the profitability of scientific malpractice coverage been over the top? Why do malpractice insurers call for reinsurance? What impact has coverage law had on charges? And it explores what adventure ranking is and the way it really is done.

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Various types of risk facing policyholders and insurers' owners are considered as well. The chapter sets out formal analytic models of firms' decision making under varying assumptions, as well as for quantifying insurers' risk and analyzing what return on premium is fair. This chapter sets the stage for subsequent chapters' analysis of different facets of the business, from state regulation of insurance to the profitability of its firms. Insurance is a traditionally regulated industry, and this regulation serves as the focus of Chapter 3.

One should recall that the ACOG data were self-reported in an atmosphere of crisis and 12 INSURING MEDICAL MALPRACTICE political mobilization. Moreover, although a physician who curtails his or her practice clearly loses access to certain patients, it is less clear that his or her former patients lose access to care. Virtually nothing reliable is known about impacts on patient access to care. It seems improbable, for example, that the birth rate has declined in many areas where obstetricians report cutbacks or that many babies have been delivered at home other than by the choice of the parents involved.

Nonetheless, malpractice insurance 24 INSURING MEDICAL MALPRACTICE policies typically include a "consent to settlement" clause that allows a physician to veto a settlement. Both defendant and insurer share an interest not to publicize a settlement amount, especially a high one, which explains why an insurer sometimes will settle at a higher amount if successful plaintiffs and their attorneys agree not to disclose the amount; court records may even be sealed to the same end. Low-Frequency, High-Severity Risk Unlike most insurance, malpractice insurance has traditionally featured low claims frequency yet high severity.

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