You may assume that since you work inside a hospital facility or for an established medical group, these entities will automatically protect you if malpractice accusations arise. However, this is not entirely the case if you are independently contracted to work here and have a great deal of autonomy for your individual medical practice. In short, a single medical malpractice can threaten your personal finances, and this may be a much greater blow without insurance protection. With that being said, please read on to discover the importance of carrying medical malpractice insurance as a doctor working as an independent contractor, and how one of the seasoned New York attorneys representing uninsured physicians at Walker Medical Law can step in when a breaking point is reached.

Should I carry medical malpractice insurance as a doctor with an independent contract?

Of note, New York State does not universally mandate physicians to carry medical malpractice insurance. However, certain hospitals, surgery centers, and other medical facilities may adopt internal policies stating that an independently-contracted doctor cannot receive privileges without proof of such coverage. Specifically, “privileges” refers to the permission to admit and treat patients in the given facility. This is essentially because they may believe an uninsured physician can unnecessarily increase their personal liability risk.

Even if this is not a condition of your temporary employment, we strongly advise you to get insured. From a legal standpoint, independent contractors are typically viewed as separate from a medical facility. So the facility’s insurance may protect itself, not the physician personally. All of this to say, if you are found at fault of medical malpractice, you may be expected to pay for the plaintiff’s claimed damages out-of-pocket. Since there is no cap on damages for these lawsuits in New York, you may lose thousands or millions of dollars from your personal savings.

What should I look for in an independent contract regarding medical malpractice insurance?

To reiterate, as an independent contractor, you cannot assume reliance on a medical facility’s group policy. Rather, when reviewing a proposed agreement and before signing it, you should look out for and fully comprehend the following key points:

  • Whether you or the medical facility assumes responsibility for paying for “tail coverage” when the policy expires or when you leave.
  • Whether you or the medical facility assumes responsibility for paying for premiums associated with a given medical malpractice policy.
  • Whether you are required to name the medical facility as an “additional insured” on your personal medical malpractice coverage policy.
  • Whether the medical facility covers you for any acts that may result in malpractice claims (i.e., administrative and non-clinical operations).

There is no shame in asking for help, especially when you are dealing with something as serious as a legal matter that could affect your physical, emotional, and financial well-being. So please retain legal assistance from one of the competent New York attorneys representing uninsured physicians from Walker Medical Law. We will happily lend a hand.