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Malpractice Insurance

                                                                       EXPERT ADVICE


                                  Hardening Malpractice Market Means Physicians

                                           Will See Higher Rates, Fewer Discounts



            BY VANESSA ORR                                combined ratios over   physician carrier, who raised rates on   they are practicing without professional
                                                          100.                   specialty practices by 80-90 percent.   liability insurance, this has the effect of
          For the last 13 years, the                        “In the malpractice   “Physicians who were paying a $10,000   passing along higher premiums to physi-
        Florida malpractice insur-                        world, the ‘combined   premium were now paying $18,000 in   cians who purchase insurance.”
        ance industry has remained                        ratio’ is the litmus test   the space of one year,” he said.    Murphy recommends that physicians
        relatively soft, which is good                    for how carriers are     The smart carriers did learn that les-  still insure with a strong financial mal-
        news for physicians and                           doing,” explained Mur -  son, and have socked away profits in   practice company that will stand behind
        medical practices. Unfor -                        phy. “If they’re running   reserves over the intervening years so   its physicians.
        tunately, the days of lower                       anything under 100, the   that they don’t need to raise rates quite so   “Some people will look for the cheap-
        premiums, discounts and                           companies are in the   dramatically.                        est carrier, but this is probably the most
        credits are slowly disappear-                     black and making a prof-  “Most of the good, financially strong   important insurance you can buy,” he
        ing.                                              it.                    physician carriers, which are the ones we   said. “A smaller, undercapitalized com-
          “We haven’t seen a hard-                          “For the past few    work with, are raising rates—3 percent   pany will settle a claim and pay a smaller
        ening market since 2002-        Tom Murphy        years, a number of what   last year, 5 percent this year,” said   amount versus defending a client for as
        07, and back then, it was                         we call ‘shock losses’   Murphy. “However, some companies are   long as it takes—and in the end, what’s
        really  bad,”   explained  Medical   have occurred, with judgements in   having to institute larger rate increases of   more important than your reputation?”
        Malpractice and Workers Compensation   excess of $10 million dollars,” he contin-  10-15 percent as a result of poor under-
        Specialist Tom Murphy at Danna-Gracey.   ued. “That hastens a hardening market.”   writing performance and massive shock   For more information, contact Tom
        “There were roughly 50 malpractice car-  According to Murphy, all major carri-  loss claims. One major physician carrier   Murphy or Matt Gracey at 800-966-2120
        riers offering coverage to doctors at that   ers are now running combined ratios in   just experienced a $35 million judge-  or visit www.dannagracey.com.
        time, which dwindled down to four or   excess of 100, which will trickle down to   ment.”
        five. Companies either closed or got   affect premiums. “This will also change   The good news, at least in the longer
        bought up by larger carriers.”       underwriting guidelines, with companies   term, is that the Florida Supreme Court
          Despite the fact that voters approved   no longer giving credits or discounts   has changed over the past three years, so
        tort reform in 2004 that included a cap   while slowly raising rates,” he said. “The   the current court might support tort
        on non-economic damages, in 2016, that   difference between this hardening mar-  reform if the issue can be reintroduced.
        decision was reversed by the Florida   ket and the 2002 market is that the last   In the meantime, physicians need to
        Supreme Court. That, and the fact that   one happened suddenly and painfully.   carefully consider their options.
        claims and lawsuits have increased over   Carriers waited too long to raise rates,   “When premiums go up and become
        the last two to three years, has taken a   waiting to see who would jump first.”   unaffordable, some physicians ‘go bare’
        toll on carriers who are now running   Murphy gives the example of a large   or self-insure,” said Murphy. “Because



























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         6                         March 2020                                                             southfloridahospitalnews.com                                                                       South Florida Hospital News
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