Tail...

[Iamnew2]

So as the title says it, I have a question about tail.
I worked with a group - first job out of residency - and then left for a fellowship. During fellowship I covered call for the group here and there. Since I no longer cover for the original group and am a med director at a different place, and have officially concluded all duties, I need to get tail. I don't have a copy of the contract, but I was told that the contract I signed says 4 years of tail - seems kinda long? Also because I was working part time at best - covering weekends and night call, I'm thinking it's mostly a part time coverage not full coverage. I was told by a company I talked to that they can give me about a 30% off from the price of the original quote - the thing is I have asked the original group how much they paid and they haven't told me. I. have asked a number of times. I am not sure what to do? I also don't understand why they are not telling me how much they paid.
What to do in this situation? Also what happens if one decides to simply go tail less? I mean the full time work with this group was years ago so any statue of limitation is done and the call - well I don't see how that could really bring issues.
Any thoughts? What happens if one decides to not get tail? Can the group sue you? Can I sign a waiver of some sort?

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[RangerBob]

I don't think the group can sue you for not having tail, but any patient you touched can, which is the main reason to get tail. You need tail insurance from the date of the last time you covered call for the group, not when you left the group. It's possible your contact only covered you until you left and the tail insurance (if you even have it) only covers you for the patients you saw up until your last day of working for the group. If you didn't have a new contract for the call coverage, you were probably practicing without any malpractice coverage. If one of those patients sues for any reason they can name you in it if you're anywhere on the chart.

You need to get a copy of your contract, as that'll clarify if the group is responsible for tail coverage (at least up until you left them). If they are, and they didn't pay for insurance, I'm guessing the group is liable for coverage/lawsuits, though it's probably worth saving the headache and just buying your own tail insurance.

If you didn't have a new contract when you covered call, you probably need your own tail there. Especially if you signed a formal resignation letter or anything.

Tail insurance can be fairly expensive (usually 2x the cost of the mature claims-made policy premium), but lawsuits moreso. It's up to you to decide if you want to risk having uncovered exposure.

I think there's something called head insurance (or similar named thing). Basically you purchase it with your new policy and it covers all stuff prior to that policy beginning. Essentially the same as tail insurance, but tacked on to your new policy rather than the old one.

 

[j4pac]

Maybe I missed it, but are you already employed at your new place? Because if not...you can try to negotiate nose coverage as part of your contract.

 

[Iamnew2]

I don't think the group can sue you for not having tail, but any patient you touched can, which is the main reason to get tail. You need tail insurance from the date of the last time you covered call for the group, not when you left the group. It's possible your contact only covered you until you left and the tail insurance (if you even have it) only covers you for the patients you saw up until your last day of working for the group. If you didn't have a new contract for the call coverage, you were probably practicing without any malpractice coverage. If one of those patients sues for any reason they can name you in it if you're anywhere on the chart.

You need to get a copy of your contract, as that'll clarify if the group is responsible for tail coverage (at least up until you left them). If they are, and they didn't pay for insurance, I'm guessing the group is liable for coverage/lawsuits, though it's probably worth saving the headache and just buying your own tail insurance.

If you didn't have a new contract when you covered call, you probably need your own tail there. Especially if you signed a formal resignation letter or anything.

Tail insurance can be fairly expensive (usually 2x the cost of the mature claims-made policy premium), but lawsuits moreso. It's up to you to decide if you want to risk having uncovered exposure.

I think there's something called head insurance (or similar named thing). Basically you purchase it with your new policy and it covers all stuff prior to that policy beginning. Essentially the same as tail insurance, but tacked on to your new policy rather than the old one.

Right patients can sue you, but there are statues of limitations for things. someone can't sue you 5 years after the fact. most cases are 2 years.

 

[Iamnew2]

Maybe I missed it, but are you already employed at your new place? Because if not...you can try to negotiate nose coverage as part of your contract.

I am, I got a massive deal, and it really was hard to ask for much more. I did briefly mention it but I was told that the new place did not cover the old place. But I might call the insurance to ask if they would cover it since it's the same policy. We shall see. Im thinking of going without. I haven't worked full time for that initial practice for like 2 years. Statues are gone I think.

 

[Iamnew2]

I don't think the group can sue you for not having tail, but any patient you touched can, which is the main reason to get tail. You need tail insurance from the date of the last time you covered call for the group, not when you left the group. It's possible your contact only covered you until you left and the tail insurance (if you even have it) only covers you for the patients you saw up until your last day of working for the group. If you didn't have a new contract for the call coverage, you were probably practicing without any malpractice coverage. If one of those patients sues for any reason they can name you in it if you're anywhere on the chart.

You need to get a copy of your contract, as that'll clarify if the group is responsible for tail coverage (at least up until you left them). If they are, and they didn't pay for insurance, I'm guessing the group is liable for coverage/lawsuits, though it's probably worth saving the headache and just buying your own tail insurance.

If you didn't have a new contract when you covered call, you probably need your own tail there. Especially if you signed a formal resignation letter or anything.

Tail insurance can be fairly expensive (usually 2x the cost of the mature claims-made policy premium), but lawsuits moreso. It's up to you to decide if you want to risk having uncovered exposure.

I think there's something called head insurance (or similar named thing). Basically you purchase it with your new policy and it covers all stuff prior to that policy beginning. Essentially the same as tail insurance, but tacked on to your new policy rather than the old one.

I don't know why they are not giving me a copy fo the contract or telling me how much they paid. Makes no sense

 

[RangerBob]

I don't know why they are not giving me a copy fo the contract or telling me how much they paid. Makes no sense

That is odd. But you should ideally have a copy of the contract too. If they won't send it and you need it, ask a lawyer for assistance.

Are you sure the statute of limitations is 2 years? I'd make sure, and if needed check with a lawyer who understands malpractice law in the state you were practicing. I think here in CA patients have up to three years, or one year after discovering the injury. Despite the bad rap CA gets for physicians, it's one of the best states for us as far as malpractice goes.

 

[Iamnew2]

That is odd. But you should ideally have a copy of the contract too. If they won't send it and you need it, ask a lawyer for assistance.

Are you sure the statute of limitations is 2 years? I'd make sure, and if needed check with a lawyer who understands malpractice law in the state you were practicing. I think here in CA patients have up to three years, or one year after discovering the injury. Despite the bad rap CA gets for physicians, it's one of the best states for us as far as malpractice goes.

It's 2 years yep. I even checked just now. It's been 2 years since I worked full time with them, and call was seldom. I was also told I needed 4 years - that seems excessive. But yeah I guess I will explore options.

 

[j4pac]

It's 2 years yep. I even checked just now. It's been 2 years since I worked full time with them, and call was seldom. I was also told I needed 4 years - that seems excessive. But yeah I guess I will explore options.

Definitely shop plans. My family was able to get a lifetime policy for about $11000. It wasn’t much of a difference between 1 year, 2year, 4 year, lifetime.