Medicolegal Insurance for Plastic Surgeons and Specialist Practices

David Staughton B.Sc.(Hons) CSP CCEO Practice Consultant

Medicolegal Insurance and Professional Indemnity in Australia for Plastic Surgeons

MEDICAL INDEMNITY INSURERS IN AUSTRALIA

There are FIVE key providers of medicolegal insurance professional indemnity in Australia for doctors and medical professionals

  1. AVANT – avant.org.au – insures about 300 plastic surgeons
  2. TEGO – Berkshire Hathaway Specialty Insurance (distributed by Tego Insurance) – tego.com.au – newest medicolegal insurer in Australia
  3. MDA National – mdanational.com.au
  4. MIGA – Medical Insurance Group Australia – miga.com.au
  5. MIPS – Medical Indemnity Protection Society – mips.com.au

Medicolegal Insurance Resources for Plastic Surgeons

MEDICAL INDEMNITY SPECIALIST BROKERS

Here are some Expert insurance brokers that can help medical practitioners and plastic surgeons with Medicolegal Insurance

You need Different Types of Medicolegal Insurance for a Private Specialist Practice

You may need a range of Medicolegal Insurance for your Practice including:

  1. Doctor’s Medicolegal Insurance
  2. Practice Medicolegal Insurance
  3. Insurance for Other Doctors and Practitioners working in the practice
  4. Tail or Runoff Cover – for claims after retirement in private practice

EASY Medicolegal Statistics – Here’s what you can expect….

  • 1 in 10 patients has a Suboptimal Result – a concern like slow healing
  • 1 in 100 patients is Unhappy with the Result and wants compensation
  • 1 in 1000 wants to Sue you – Patient Litigation for $$$$$$

Manage Your Higher Patient RISKS – High BMI, Smoking, Comorbidities, Post Weight loss, BBL, Revision Surgeries, Startup and Closing down practices – Don’t be Superman or Mother Theresa

FIVE Best Medicolegal Tips

  1. Practice Good Patient Selection & Qualifying
  2. Better Documentation & Photos – consenting & risks
  3. Managing Post-Op Complications and Listening for Complaints
  4. Better Communication & Mediation for Speedier Settlement
  5. Seeking Medicolegal Support – Opinions from other Surgeons

Study Past Medicolegal Claims – Read the Plastic Surgery Closed Claims Study by TDC The Doctors Company in USA – 1438 claims from 2007 to 2015.

Reduce Patient Litigation with Solid Practice Systems (like Avant Practice Hub and a good PMS)

  • maintaining detailed office and surgical notes
  • always obtaining informed consent
  • adequately following and monitoring patients after surgery
  • ensuring compliance by communicating frequently and effectively
  • documentation of specific risks, benefits, and alternatives

Set Patient expectations as well as document all specific risks, benefits, and alternatives

TIPS to avoid Patient Claims for Litigation

  • Postoperative infection is the single costliest adverse outcome – proactively deal with it

Surgeons should take a leading role and work on

  • Improving perioperative checklists
  • Embrace patient education – Printed, Web, Videos
  • Checking for complete and accurate medical records
  • Participate in hospital-based programs of prophylaxis

Preoperatively declare your policies on revisions, refunds, complications & payments.

Reference – PRS Jan 2021 – Boyd Moon et al Plastic Surgery and the Malpractice industry

TOPS TIPS for Defending Patient Litigation Claims (from Doctors Agency USA)

  • Do not add to, delete from, or otherwise alter a medical record
  • Place the medical record in a safe place
  • After making a report, keep copies of your correspondence in a safe place—not in the patient’s chart—for future consultation
  • Always require the patient’s or the patient’s legal representative’s signature to release a copy of the medical record or any information within it.
  • Do not discuss the event with anyone other than your claim specialist or defense attorney.
  • Do not make contact with anyone associated with the case except your claims specialist or defense attorney.
  • https://www.doctorsagency.com/plastic-surgery-medical-malpractice-insurance

BEST Patient Complaint Resolution Tips from other Plastic Surgeons

  • “The patient you want to call the LEAST is the One You need to call the MOST”
  • “GOOD Patient Selection – comes from BAD patient selection”
  • “Just LISTEN to an Unhappy Patient and Don’t Interrupt – Listen REALLY HARD until they feel heard!!”
  • “What would you have me Do?”
  • Give a Genuine & Sincere Apology & Compensate them in some way

Further Reading – Useful References about Medicolegal Insurance for Specialist Practices

A Guide to Medical Indemnity Insurance in Australia

New Bill Makes Changes to Run-off Cover (ROC)n Scheme

Medico-legal Closed Case Trends in Canadian Plastic Surgery: A Retrospective Descriptive Study – PRS Article Aug 2021

USA The Doctors Company – Plastic Surgery Closed Claims Study – DOWNLOAD THE REPORT

 

Disclaimer

This information is general in nature and is not comprehensive or constitutes legal or medical advice. You should seek legal, medical or other professional advice before relying on any content, and practice proper clinical decision-making with regard to individual circumstances. Persons implementing any recommendations contained on this website must exercise their own independent skill or judgment or seek appropriate professional advice relevant to their own particular practice. Compliance with any recommendations will not in any way guarantee discharge of the duty of care owed to patients and others coming into contact with the health professional or practice.

David Staughton and Specialist Practice Excellence are not responsible to you or anyone else for any loss suffered in connection with the use of this information.

All information on this page is of a general nature only and has not been presented with any knowledge of your personal objectives or financial needs.