Blog


Defending Yourself In a Medical Malpractice Lawsuit

posted Mar 29, 2019, 3:15 PM by Peyman Kalhor   [ updated Mar 29, 2019, 4:22 PM ]

Defending Yourself In a Medical Malpractice Lawsuit

As a medical professional, you have a duty to uphold the standards and best practices of medicine. As much as you strive to provide the best care to your patients, mistakes can happen and you may find yourself being sued for medical malpractice.
Malpractice lawsuits are highly complex that involve many medical issues. In this article we’ll provide a brief overview of what proof the patient must bring to court and what arguments you can provide to defend yourself.

There are a few things the patient must provide:

Proof that a doctor-patient relationship existed

This element in medical malpractice cases usually goes unchallenged and can be easily proved with medical records. If you have evidence to the contrary, then you should provide it as a defense.

Proof that the doctor did not uphold the medical standard of care

Plaintiffs can bring in witnesses who may be able provide testimony that illustrates a link between negligence of the medical professional and the patient’s injury. Other doctors can be expert witnesses who provide information on what a competent medical professional would have done in similar circumstances. The patient must also show that the injury wasn’t caused by anything else such as other underlying medical issues.

Proof “by a preponderance of evidence”

In criminal cases the plaintiff must provide enough evidence to the court that proves “beyond a reasonable doubt” that a party was guilty. However, in personal injury claims such as medical malpractice, the burden of proof is not as stringent. As long as a patient can convince the jury that the facts that he/she is providing is “more likely than not” true, there’s a chance that the jury could rule in favor of the patient.

Your Defense

As a defendant, you have the right to your own expert witnesses to show that your actions were within the medical standards and that you did not deviate from those best practices. You could argue that the plaintiff’s expert witness is unreliable or isn’t fully qualified to provide testimony.

What is Required From the Doctor to Get an Accurate Quote

posted Feb 26, 2019, 4:57 PM by Peyman Kalhor   [ updated Mar 29, 2019, 4:22 PM ]

Defending Yourself In a Medical Malpractice Lawsuit

As a medical professional, you have a duty to uphold the standards and best practices of medicine. As much as you strive to provide the best care to your patients, mistakes can happen and you may find yourself being sued for medical malpractice.
Malpractice lawsuits are highly complex that involve many medical issues. In this article we’ll provide a brief overview of what proof the patient must bring to court and what arguments you can provide to defend yourself.

There are a few things the patient must provide:

Proof that a doctor-patient relationship existed

This element in medical malpractice cases usually goes unchallenged and can be easily proved with medical records. If you have evidence to the contrary, then you should provide it as a defense.

Proof that the doctor did not uphold the medical standard of care

Plaintiffs can bring in witnesses who may be able provide testimony that illustrates a link between negligence of the medical professional and the patient’s injury. Other doctors can be expert witnesses who provide information on what a competent medical professional would have done in similar circumstances. The patient must also show that the injury wasn’t caused by anything else such as other underlying medical issues.

Proof “by a preponderance of evidence”

In criminal cases the plaintiff must provide enough evidence to the court that proves “beyond a reasonable doubt” that a party was guilty. However, in personal injury claims such as medical malpractice, the burden of proof is not as stringent. As long as a patient can convince the jury that the facts that he/she is providing is “more likely than not” true, there’s a chance that the jury could rule in favor of the patient.

Your Defense

As a defendant, you have the right to your own expert witnesses to show that your actions were within the medical standards and that you did not deviate from those best practices. You could argue that the plaintiff’s expert witness is unreliable or isn’t fully qualified to provide testimony.


Medical Malpractice Discounts – Are you maximizing yours?

posted Feb 26, 2019, 4:38 PM by Peyman Kalhor   [ updated Mar 29, 2019, 4:24 PM ]

Medical Malpractice Discounts – Are you maximizing yours?

Hi, my name is Casey Allen and I am a Professional Medical Liability Underwriter. I am her to talk to you about Medical Malpractice discounts – Are you maximizing yours?

When searching for insurance its important to make sure you are receiving all the discounts you deserve! Here are some of the most common opportunities for savings….

Board Certification – Available to licensed medical professionals who complete their board certification. A 5-10% discount is typical but this number varies from carrier to carrier

New Doctor Discount – This applies to practicing physicians who are just starting out. A 50% discount for the first year is common; however, it is critical to take advantage because after the first year of practice this discount will no longer be available

Claims Free Discount – If you have not had a claim in 3, 5, or 10 years depending on the carrier, discounts as much as 40% annually could be provided

Part-Time Discounts – Again, discounts can vary by carrier but the majority offer discounts that range from 25-50% for physicians working 20 hours or less per week

Risk Management Credits – If you are willing to participate in various risk management courses, premium discounts may be available. Carriers are willing to give these discounts due to a better understanding of precautionary measures, which many prevent claims in the future.

Deductible – It might be possible to decrease your premium in exchange for retaining a portion of the risk on your policy. Many carriers can offer discounts in exchange for a deductible.

Additional Discounts – and last but not least, most carriers have additional discounts available that may be specific to their underwriting guidelines. These discounts can be associated with a number of other factors that can reduce your premium.


I hope these tips will help you in receiving the best possible premium when it comes to your malpractice insurance policy! Stay tuned for more posts on similar topics that may benefit you!

What are admitted vs. non-admitted insurance carriers?

posted Feb 26, 2019, 4:12 PM by Peyman Kalhor   [ updated Feb 26, 2019, 4:13 PM ]

What are admitted vs. non-admitted insurance carriers?

What is the meaning of comparing apples to apples? This means comparing things, in this case, Medical Malpractice Insurance, that can reasonably be compared. The phrase apple to oranges is used to represent a comparison that is unreasonable. When shopping the best rates and coverage for Medical Malpractice Insurance one should be able to compare apples to apples, not apples to oranges. How do you choose the correct apple, insurance carrier, in a market saturated with comparable fruit? No one wants to pick up an orange or a sour Granny Smith apple when they expected to pick up and enjoy a Red Delicious apple.


An admitted insurance company has been approved by a state’s insurance department, whereas a non-admitted insurance company is not backed by the state.

What does being backed by the state mean:
  • The insurance company must comply with all state regulations regarding insurance, which are established and overseen by the National Association of Insurance Commissioners.
  • If the insurance company fails financially, the state will step in to make payments on claims as necessary.
A non-admitted insurance company isn’t approved by the state, which means:
  • The insurance company does not necessarily comply with state insurance regulations.
  • If the insurance company becomes insolvent, there is no guarantee that claims will be paid, even if the case is active at the time of the bankruptcy or financial failure.
  • If policyholders think their case was handled improperly, they can’t appeal to the state insurance department.

Are admitted or non-admitted insurers more beneficial for business owners?


There are situations when both admitted and non-admitted insurance companies may be beneficial for business owners.

For business owners, buying from an admitted carrier means three things:
  1. You don’t have to pay various fees and taxes when you purchase a policy because the company’s status makes those expenses unnecessary.
  2. If the company fails for some reason (e.g., claims after a natural disaster deplete its reserve of funds), you have a guarantee that the state will step in and cover your claims.
  3. If you think your insurance company handled your claim improperly, you can appeal the decision to the state insurance department.
Buying from a non-admitted carrier may be beneficial for businesses that face risks that the standard insurance market won’t cover. For example, if your business is located along the Gulf Coast, it may be difficult to find an admitted insurer to cover property for hurricane damage.

In addition to admitted and non-admitted status, insurance companies are given letter grades from A++ to F. These grades are calculated by a credit rating firm called A.M. Best. A non-admitted insurance company with a high rating is most likely a solid bet for insuring your company, while an admitted carrier with a C rating or below could be risky.


Comparing Apples to Apples

posted Feb 19, 2019, 9:55 AM by Peyman Kalhor   [ updated Feb 26, 2019, 3:58 PM ]

Comparing Apples to Apples:

What is the meaning of comparing apples to apples? This means comparing things, in this case, Medical Malpractice Insurance, that can reasonably be compared. The phrase apple to oranges is used to represent a comparison that is unreasonable. When shopping the best rates and coverage for Medical Malpractice Insurance one should be able to compare apples to apples, not apples to oranges. How do you choose the correct apple, insurance carrier, in a market saturated with comparable fruit? No one wants to pick up an orange or a sour Granny Smith apple when they expected to pick up and enjoy a Red Delicious apple.

Here are six key questions that a physician and/or facility should inquire that will prevent picking the wrong fruit, in this case, an unsuitable insurance carrier.

  1. Did the insurance carrier quote have the correct limits of liability listed with the same requested limits as the previous insurance and current insurance
    Also known as having mirrored insurance?
  2. Do the comparing insurance quotes have the specialty listed the same
  3. Is the requested Retroactive Date listed matching the current insurance carriers Retroactive Date?
  4. Are the comparative insurance companies listed with an “A” Rating with either Demotech and/or A.M. Best.
  5. With the annual premium being quoted, does that include the taxes and the fees or is it an indication quote.
  6. Did the broker, representing the physician or facility, provide the support and knowledge in order to help in choosing the correct and accurate coverage?

If you found this information useful in choosing an insurance carrier please share this blog as well as go to the Doctors Professional Liability website https://sites.google.com/prms-us.com/dpl/. A qualified agent will be available to assist you in choosing the correct insurance carrier to meet the needs of the physician and/or facility.


1-5 of 5