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Medical Legal 101 - Insurance

Mike Weinstock, MD, Edward Boudreau, DO, and Jeanie Taylor, RN MS
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24:40
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Nurses Edition Commentary

Mel Herbert, MD MBBS FAAEM, Lisa Chavez, RN, and Kathy Garvin, RN
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01:38

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EM:RAP 2014 August - Summary 1 MB - PDF

Getting sued is never fun but your malpractice insurance company is there to help you.

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Lynne F., MD -

I love the gentle description of how supportive and helpful the insurance company will be if you get into trouble, but it was not my experience at all. The insurance company hired me an attorney who was so incompetent she missed a deadline and almost got me convicted by default. I learned to my horror that cases like mine (which was a disciplinary action by the State, rather than a civil suit) have such low caps on the attorneys fees paid by the insurance that you can end up in terrible financial trouble trying to fight an unfair action. Nobody from the company I work for "mentored" me, and I was frankly suicidal at the peak of the problems. I ended up taking a settlement because I ran out of money to fight, and I am extremely bitter at having a black mark on my previously unblemished 23 year record.

It ain't all sweetness and light, and your employer, hospital, and the insurance company, have competing interests that may or may not dovetail with yours.

Rahul -

Mike, your sections on EMRAP are by far my favorite. They scare the hell out of me (but in a good way). Your guests mentioned having "good asset protection" several times. Is it possible that you can find a guest who can address that? I'm sure it differs state to state, but perhaps there are some general principles we can all follow. My local insurance salesman is happy to sell me a variable universal life as the panacea to future legal problems.

I'd also love to hear from a plaintiff's attorney. What are they looking for? What are the mistakes they love to see us make and what are the steps they hate to see us take. I don't know if one would be amenable to talking to thousands of ER docs (thus shooting themselves in the foot) but man that'd be interesting to hear.

Thanks again! Love this section.

Jason R. -

I second the request for more information about "good asset protection". A judgement against you would be bad, but a judgement in excess of your policy limits could be devastating. Asset protection is something I'm sure all listeners would like to know more about.
Thanks

Mike W. -

Weinstock here. Jason and RP, here is Ed's response on asset protection. Basically, saying that a discussion with your attorney or financial planner is best. Sounds like it has started him thinking about an approach for his own clients... if I get more info, I will forward along - thx!
From Ed:
"In the case we discussed on EMRAP we relied on the physician to tell us that he felt adequately protected financially. We would not presume to advise our policyholders on asset protection. That would be way outside our line of work. The interest in the topic has pushed me in the direction of finding a resource for our policyholders. No one has ever asked us before. In the short term I would suggest that a discussion with your attorney or financial planner or accountant would be reasonable first steps."
Ed Boudreau, DO, FACEP

Hendrik V., M.D. -

Interesting talk even though I practice in a much less legally driven canadian environment with a a large country wide insurance company that has always been very approachable. I did find the talk a bit promotional though and would have preferred if the specific insurance company was NOT mentioned by name. The info was good the promotion was not.

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Episode 155 Full episode audio for MD edition 275:00 min - 131 MB - M4AEM:RAP 2014 août Résumé en Francais Français 65:33 min - 60 MB - MP3EM:RAP 2014 August Aussie Edition Australian 73:57 min - 102 MB - MP3EM:RAP 2014 August Canadian Edition Canadian 30:52 min - 43 MB - MP3EM:RAP 2014 Augusto Resumen Español Español 83:27 min - 77 MB - MP3EM:RAP 2014 August MP3 359 MB - ZIPEM:RAP 2014 August - Summary 1 MB - PDFEM:RAP 2014 August Board Review Questions 379 KB - PDFEM:RAP 2014 August Board Review Answers 421 KB - PDF

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