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- Multiple Suits
The key issues to consider are first, whether these occur in the
same or overlapping policy years, as this could raise the possibility
of exceeding your aggregate. You will need to examine your policy,
but a typical coverage is $1,000,000 per occurrence, and $3,000,000
aggregate.
If the policy limits are exceeded, then your umbrella policy,
if you have one, comes into play. Check on it, too. These can
be handled separately from the main policy, by a different agency
and institution. Be sure you see written confirmation it is in
effect. There are also often notification rules for these policies
that are separate from the main policy, so be sure to follow them.
Another issue with multiple suits is to be sure not to say
something in one deposition or testimony that appears to
confuse or contradict another. So think out whatever you
say with all cases in mind. These usually come from
a trigger such as a very hostile and talkative patient,
a visible fight with the institution, a visible illness,
a conflict with another physician. Avoid these carefully.
- Punitive Damages
This is a type of extra financial penalty for "wanton"
or similar action, which is not very often awarded. But
if it comes up, most policies do not cover it. So it is
very important to be aware of it ahead of time. It may well
be grounds for appeal, but it is better if you don't have
to deal with it. Careful planning of your case to avoid
loose ends or extra vulnerabilities will lessen the risk
of this appearing. Again, this is not covered by insurance
policies. Work to show continued concern, contact,
careful followup on tests, the presence of all potentially
indicated tests, and consultation in the chart with authorities
in the area.
- Conflicts between Defendants
This is a classic situation with dueling defendants which
usually makes life easier for the plaintiff, and helps the
plaintiff’s attorney. It puts disagreements into the
open. All defendants would be well advised to work out differences
in some other way. The insurance company usually recognizes
this problem and may work to avoid it, or bring the parties
together. Curiously they may not try to improve the situation.
Keep your eye on the higher goal of not losing a
suit.
- Crossed Agendas
If there are different types of coverage, such as an institution
and a physician, at risk, it can lead to different levels
and types of exposure for the insurer. Be cautious that
you understand this, and look out for problems it can create.
It may motivate the parties behind the scenes in ways you
need to understand. Consider and investigate what
may happen below closed insurance doors.
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