#19 — Medical Malpractice Insurance Checklist. 25 Buyer-Beware Intelligence Points.

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  • Coverage requirements vary by jurisdiction and profession.
  • Claims-made and occurrence structures differ.
  • The policy’s retroactive date can be critical.
  • Tail coverage can become important after certain policy changes.
  • Prior acts coverage should be understood.
  • Policy limits should be evaluated against realistic exposure.
  • Defense costs may interact with limits.
  • Consent-to-settle provisions can matter.
  • The insurer’s claims-handling reputation deserves investigation.
  • Individual and institutional coverage can differ.
  • Employees and contractors may have different coverage arrangements.
  • Multiple locations may create additional considerations.
  • Specialty-specific risks can vary dramatically.
  • Surgical specialties can have different exposure profiles from other specialties.
  • Telemedicine can introduce additional questions.
  • Multi-state practice can complicate coverage.
  • Licensure changes should be disclosed.
  • Practice changes should be reported.
  • Policy exclusions deserve close examination.
  • Regulatory proceedings may not receive the same treatment as malpractice claims.
  • Cyber coverage is generally a separate consideration.
  • Don’t assume the hospital’s insurance protects every independent physician.
  • Ask what happens when you retire or leave a practice.
  • Compare tail-cost exposure when comparing claims-made policies.
  • A low premium can become expensive if the policy leaves a major coverage gap.

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