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This column is provided as a service to the membership by the Psychiatrists' Purchasing Group Inc. (PPG), operator of the APA-sponsored Professional Liability Insurance Program.
I recently attended a seminar that presented opportunities for psychiatrists in the field of forensics. During the session, there was a panel discussion on the pragmatic aspects of a forensic practice. One of the panelists urged psychiatrists to review their existing medical professional liability insurance policies to assure adequate liability insurance for their forensic practices. Is this coverage standard in all medical professional liability insurance policies?
The number of psychiatrists undertaking forensic work is increasing, and it is inevitable that lawsuits will follow. Accordingly, it is becoming increasingly necessary to carry malpractice insurance that covers forensic activities. Thus, the seminar panelist was absolutely correct to recommend a review of your medical malpractice policy if you are involved in forensic psychiatry. Not all insurance carriers recognize the specific exposures in the practice of psychiatry, and therefore some do not cover forensic services. The APA-sponsored Professional Liability Insurance Program does include forensic psychiatric services in the basic policy.
After 30 years in a private practice, I have decided to retire early next year. How long should I keep my liability insurance coverage in effect?
Coverage should remain in effect through the last day you provide psychiatric services. Keep in mind this may not necessarily coincide with the last day on which you see patients. In some jurisdictions, courts have held that treatment continues as long as the ordered medications continue. For example, if you prescribed medication to a patient for three months and then retired one month later, technically treatment may be determined by law to have continued until the prescription ran out (two months later).
Other post-retirement activities may expose you to the risk of litigation, such as the release of patient information or records, treatment rendered in the form of prescriptions or advice to friends and/or family provided in a social context, and charity or voluntary work.
You may want to consult with your underwriter to review the date that you are terminating coverage. You may also want to discuss any activities and contracts you may continue or enter into during your retirement in which you will continue to provide psychiatric services.
If you are a participant of the APA-sponsored Professional Liability Insurance Program, you can reach your underwriter by calling (800) 245-3333 for more information.
APA welcomes the opportunity to hear from you about APA-sponsored benefit programs. Send your questions on the APA insurance and special benefit programs to At Your Service, Psychiatric News, APA, 1000 Wilson Boulevard, Arlington, Va. 22209-3901.