Understanding Exclusions in Your Medical Malpractice Insurance

Medical malpractice insurance is there to protect you from lawsuits alleging negligence or mistakes that may have caused a patient harm. But it’s important to remember, no insurance policy is all-encompassing.  Understanding exclusions in your malpractice insurance is key to ensuring you have the right coverage for your needs.

Why Exclusions Matter

Medical malpractice insurance is like a safety net, but it’s not without holes. Exclusions are those situations or actions that aren’t covered by your policy. While your insurance will protect you from most claims alleging negligence or mistakes, it’s important to be aware of these limitations to avoid unexpected gaps in your coverage.

Common Exclusions to be Aware Of

Let’s take a look at some of the most common exclusions found in medical malpractice policies:

• Intentional Acts: This one’s pretty straightforward. If you harm a patient deliberately or recklessly, like performing surgery while intoxicated, your insurance won’t cover it.
• Illegal Acts: Criminal or fraudulent activities aren’t covered either. This makes perfect sense, as your malpractice insurance protects you from honest mistakes, not criminal behavior.
• Misrepresentation on Application: Being upfront and honest on your insurance application is essential. Withholding or misrepresenting information could lead to denied coverage if a claim arises from that omission.
• Sexual Misconduct: This includes any sexual harassment or assault of a patient. There’s no room for such behavior in the medical profession, and unsurprisingly, it’s not covered by malpractice insurance.
• Non-Covered Services: Certain procedures, like cosmetic surgery, might be excluded from your standard policy. It’s important to list all procedures and services you provide on your application to ensure you have the right coverage in place.

Here are a few additional exclusions to be aware of:

• Administrative Errors: If a hospital error (e.g., medication mix-up) leads to a claim, your policy might not cover it.
• Unauthorized Disclosure of Patient Information: Sharing a patient’s medical records without their consent could be excluded.

Understanding Your Specific Policy

Every malpractice insurance policy is different. That’s why it’s crucial to carefully review the exclusions section of your own policy documents. Don’t hesitate to ask your insurance broker to explain any exclusions you don’t understand. A clear understanding is key to feeling confident and protected.

Mitigating the Risks of Exclusions

Here are some general guidelines to minimize the risk of encountering coverage gaps due to exclusions:

• Be Honest on Your Application: Transparency is key. The underwriter reviewing your application relies on this information to assess your risk profile and determine appropriate coverage.
• Maintain Ethical Conduct: Following ethical and professional guidelines reduces the risk of intentional acts or illegal activities that wouldn’t be covered.
• Consider Additional Coverage: If needed, explore options like excess (umbrella) insurance for broader protection or specific coverage for excluded services you provide.

Your Partner in Medical Malpractice Protection

Understanding exclusions is key to ensuring your malpractice insurance provides the protection you deserve. This is where a qualified insurance broker like Cunningham Group can be your shield. Our expertise lies in understanding your risk profile, explaining exclusions clearly, recommending additional coverage options, and even negotiating with insurers on your behalf.

We offer ongoing support to ensure your malpractice insurance evolves with your practice, giving you peace of mind knowing you’re truly protected. Don’t wait – reach out to Cunningham Group today and let our team find the best available medical malpractice insurance quotes for your specific needs.