Legal Question in Medical Malpractice in Utah
Must I maintain Medical Malpractice insurance
I had been insured in a private practice for the past 8 years. Recently I had accepted a position with a government Hospital that is self insured. My malpractice comapny states I must continue to pay malpractice for 7 years or I will be uninsured for any cases previously handled. Do I have to contniue to pay or is this extortion?
1 Answer from Attorneys
Re: Must I maintain Medical Malpractice insurance
Some insurance policies have "tail" coverage provisions, which require that you pay for ongoing coverage until the statute of limitations runs on a patient's right to file a claim in court. Thus if in your jurisdiction you have a 7 year statute of limitations, you may have to pay. HOWEVER, most states now have medical malpractice statutes of limitations which generally are limited to 2-3 years. I recommend that you (1) identify each state in which you may have liability, and check the statutes of limitation for those states, and (2)let an attorney review your malpractice policy to see what other contractual limitations may affect you.
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