Medical Director responsible for more than intended by the office work.

Medical Director/Administrative Medicine

The policy that we recommend is an all territory Medical Director Liability Insurance Policy; priced at $ 1,000 per year for $ 1,000,000 of limits.

The AMDA (American Medical Directors Association) newsletter recently addressed some of the coverage issues confronted and covered by these Medical Director Liability Insurance Policies:

According the AMDA NEWSLETTER, the advice that you should take efforts to

Minimize Your Risk

The newsletter cites the Federal Nursing Home Regulations: Regulations (42 CFR 483.75 (i)) states that the medical director is responsible for "implementation of resident care policies, and the coordination of medical care in the facility

That Language could potentially hold the medical Director responsible  for more than intended by the office work;

The administrative medicine (establishing protocols, overseeing the organization, management and reporting); is expanded by thelanguage used by the nursing home contract.

What is intended as intelligent, intuitive risk management of the facility;  can, indeed hold physicians liable for the negligence of allied health staff.

Medical malpractice/professional liability insurance policies  generally cover clinical issues as defined by hands-on care of patients, but do not cover medical director administrative activities and decisions pertaining to the management of the facility.

This concept, the model of covering the patient care but not the patient planning (so to speak) is common whether the facility is a n imaging center, a medispa, surgery center or hospital.  Many regulations require the work of Medical Directors in order to legitimize or bring professionalism and risk management to the health care organization. And, ironically, the facilities and the facility policies do not contemplate the extension of coverage to these physicians doing this important work for them.

It is necessary to have separate liability insurance that covers the administrative duties and role of the medical director.

Medical directors should know whether the facility policy contains a clause that either names the medical director position or its responsibilities, or if an administrative policy is was taken out by the facility separately to cover their work.

The American Medical Directors’ Association concludes (through much study of this issue, of the  physician doing the directing NOT being included on the medical covered!) that most medical directors obtain this coverage through the nursing facility's PROFESSIONAL Liability policy.

The recent crisis in coverage for nursing facilities has left medical directors bare in addition to the facilities.   Although there is no standard medical director liability insurance policy, AMDA recommends that  as medical director take an active role in understanding and pursuing their own policy.

These insurance policies are less expensive than they may think:

Regarding Medical Directors:  the AMDA (in Colombia Maryland) published the following statistics:

  • 28% have been sued in their capacity as attending physicians.
  • 9% have been sued in their capacity as medical directors.
  • While the majority either successfully defended the care or

Administrative supervision they had provided and won the lawsuit or were dismissed from it, the economic and emotional costs of enduring lengthy lawsuits cannot be understated.  Knowing colleagues who have been sued has a chilling effect on the willingness of physicians to continue in the long-term care field.

The Doctors’ Insurance Agency has been working with physicians and allied, paramedical providers providers for 25 years, from surgery centers to medical foundations; wellness and imaging centers to Colon hydrotherapists, we’re ready to go to work to find you the most competitive insurance policy with the most complete and appropriate liability coverage for any healthcare provider across the country.

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