The Doctors Company, which is the largest physician-owned medical malpractice insurer in the United States, has issued some guidance for its insureds regarding possible COVID-19 medical malpractice claims.
From The Doctors Company’s website:
Question: Am I covered for patient claims involving COVID-19?
Answer: We understand that our members have concerns regarding insurance coverage for COVID-19 related claims. Generally, our policy protects the practice of medicine and subject to its terms and conditions, if a patient asserts a claim against our member involving COVID-19, we would anticipate that claim to be covered. However, because insurance coverage is determined by the specific facts of a claim, we are unable to provide answers regarding insurance coverage until a claim is actually made against a member and reported to The Doctors Company.
Question: Will I be covered if I am asked to temporarily provide care outside my specialty or scope of practice in response to the COVID-19 pandemic?
Answer: If you are asked to do something within your training but outside the scope of your current practice, and are comfortable doing so, rest assured that your medical professional liability policy will follow. We’re committed to serving you while you care for all of us.
Question: If my nurse or other non-physician healthcare professional offers services outside our practice insured by The Doctors Company, will they continue to be covered under our policy?
Answer: Yes, coverage will apply if they are still acting under the scope and direction of an insured physician within your practice; otherwise, they should seek coverage from the facility or practice for which they are offering services.
Question: Will my coverage remain in force if I provide more telemedicine visits?
Answer: Yes. Telemedicine is included in your policy. However, members need to comply with state licensure laws for not only where they are physically located, but where the patient is located as well. The Doctors Company will follow any license expansion provided by state and federal governments.
Question: Will my policy provide coverage if we rehire retired or inactive doctors, advanced practice providers, and staff in response to the COVID-19 pandemic?
Answer: Yes. However, please reach out to your agent or underwriter immediately to ensure coverage is in place.
With regard to coverage for retired doctors returning to volunteer, The Doctors Company states on its website, “We are pleased to extend medical professional liability coverage to retired members coming back to volunteer to provide care during the COVID-19 pandemic. We appreciate the critical work you are doing.”
If you or a loved one may have a COVID-19 medical malpractice claim in the United States, you should promptly contact a local COVID-19 medical malpractice lawyer in your state who may investigate your COVID-19 malpractice claim for you and represent you and/or your loved one in a COVID-19 medical malpractice case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find COVID-19 claim attorneys in your U.S. state who may assist you.
Turn to us when you don’t know where to turn.