DOES THE GROUP PROVIDE MEDICAL MALPRACTICE LIABILITY INSURANCE COVERAGE FOR ALL ITS PHYSICIANS?
Typically, the answer to this question is “yes,” but the question is not as straightforward as it initially seems. In addition to the general issue of allocating the premium cost of the group’s malpractice coverage among the group’s physicians, at least two other ancillary issues should be explored. First, particularly in view of the growing crisis in malpractice insurance availability in certain specialties (obstetrics, for example) and in certain states (Georgia being one), there is the question of what happens if the group is unable to obtain coverage for a particular physician (as a result of his or her personal prior claims experience, or the general risk level of his or her subspecialty). Can the group expel that physician, or is it obligated to expend extraordinary effort and cost to find malpractice coverage for the physician? In the latter case, who pays the premium costs? Also, there is the issue of so-called “tail” or “prior acts” coverage. This issue arises in two contexts.
