Policyholder Services

A Long and Winding Road: Surviving the Shock of Malpractice Litigation

Robert Widi, VP Sales  This is my twentieth year working in sales for OMIC and I’m still surprised every time I encounter an ophthalmologist who is focused solely on price when choosing a carrier to represent them when a malpractice claim is ultimately filed against their practice. I say “when” a claim is filed, not “if” because chances are that every ophthalmologist I speak with about his or her insurance will eventually be on the receiving end of what is called a “notice of intent” to sue. The average ophthalmologist can be expected to be sued 3 times in his or her career.The days of finishing up a 35-year career having never been sued are exceedingly rare.

I cannot imagine the sinking feeling. The self doubt. Depression. Denial. Anger. On that day, I guarantee you will wish you had the support of your colleagues. You will wish you had somebody to talk to who really understands you and your practice. You’ll want to know that your representatives: your claims rep, your ophthalmologist on the Claims Committee charged with assessing the claim, your experts who will defend your standards of care, and your attorneys. These people are your lifeline. Your team. And you need to know they understand what you are going through. You’ll hope they understand the procedure you performed, and the risks you discussed with your patient. You’ll want to know they’ve defended the guy or gal down the street who has felt that exact same sinking feeling after receiving that same threatening call or letter. You’ll want to know they know ophthalmology.

Even if you’re not yet insured by us yet, OMIC has been there for you, in the trenches, working diligently to perfect the process of ophthalmic malpractice litigation defense. Our presence in the market has already brought down your rates. After defending more than 4,000 of your colleagues against ophthalmic claims, however, no other carrier has the expertise to help you fight for your career. No other carrier will give you the reassurance on the other end of the phone when you get that sinking feeling. And you’ll be glad you chose the one that knows you, your specialty, and your career. And no one has even come close to our success in defending ophthalmology. Our claims defense stats over a quarter century outperform the multispecialty companies by a mile. See more about our statistics in the latest members report.

It isn’t easy. It’s a long and winding road. Some cases take 5 or 10 years to finally be resolved. In fact OMIC recently settled the longest open claim in our history, filed in 1993 after a procedure that was performed in 1991. Believe me. You’ll want us defending you. I promise. We promise. We’ll work diligently on your behalf and to support you each and every day until we successfully resolve your case to the best of our ability. You can trust us. Your colleagues. And we’ll be there for you when you need us most.

Support

OMIC has published articles, handbooks, and resources for physicians involved in malpractice litigation. We contributed to a Physician Litigation Stress Resource web site with many tools and links to resources that will help you. We also uploaded a 7-part YouTube video series Reflections on a Professional Liability Lawsuit: A Personal Perspective,  by former OMIC Chairman John W Shore, MD, who talks about being the target of a professional liability claim. See all of our resources here.

Recommended Reading

The Drawn Out Process of the Medical Lawsuit In this NYTimes article, you’ll see you’re not alone.