situation; need advice!

[mccartjg]

First, I'll start by saying that I have learned so much these last couple weeks, will never make this mistake again, and should ALWAYS get everything in writing....

The situation is this... I work per-diem in two different hospitals (where my malpractice is covered by them) and I work part-time for all of this; 9/2011 I started working for an MD doing Sleep medicine, and he got me a claims made part-time (<24hrs/wk) policy.  He paid it for two years, though I only worked for him for one.

12/2012 I started working for MD seeing patients in Nursing homes and rehabs until 4/2014

In May of this year I started training with a dermatologist, who has never had a PA. I have no contract (I know, I'm a fool).  He is very old school, we were going off each other's word, and I am far too trusting.

Sept. my malpractice is up for renewal, and since he is likely selling the practice he did not want to pay it, he passes the buck and they don't yet want to be responsible for it.  I would have 7 more payments/years until my tail is included. So, currently my policy is lapsed (though may very well be reinstated if full payment is made within next month), an I have not been able to work for him.

He (and potential new MD buying practice) want me to switch to MLMIC and have an occurrence policy, which is better, BUT but that would mean that one of us (or maybe a combination) would pay for the tail.

So, I plan to tell him that if he wants me working for him, he has to help with the tail. But, this guy is SO cheap, uncommunicative etc. that I may be better off just leaving him and running for the hills, but I want to try to get some money for the tail and there is a good opportunity with new people, though he would still have to be my SP. The lack of contract sucks because I cannot hold him to paying my tail or anything, but perhaps he would pay it and not make me sign a contract that I have to stay working with him for a certain period of time.  I KNOW the new MD will present an offer letter to me (assuming they want me to stay, and have me sign something).

I am waiting to hear the cost of my tail from my carrier, but as of now I just fear the worst.  For what it's worth, I don't think I'd be sued, but no one ever thinks that... I don't want to take the risk.

So, any advice on how to ask for tail coverage now? any other comments/advice?   I am so stressed here... :(

[ventana]

tell the new MD that in order for you to continue to work in the practice he has to provide occurrence AND pay for your tail...  he is buying the practice so he has a vested interest in keeping you

[mccartjg]

Thanks so much for your reply, Ventana.  Just to clarify it is the doc I am currently with who is selling the practice to another... which I why I am worried that he is not invested in me.  We spoke again today and he is insisting that I would be covered for any claims made in 2012, for example if I continue a claims made policy with him, as long as I maintain a policy, even with a different carrier. I'm not sure if he is misinformed or trying to trick me.  I said how it wouldn't make sense for a new carrier to cover me when I was with a different one, and that if you do not renew a claims made you always have the issue of purchasing tail.  Correct?  He said he will look into this and get back to me.  I plan to insist that I do not want to have the issue of tail come up again, and the new doc told me I would get an occurrence with him, and that is the only policy I would want at this point.

[ventana]

if a claims made policy stays in effect for a corp then yes indeed you are covered

 

BUT he is selling the practice and this would likely mean the end of coverage

 

Just talk to the doc buying the practice and if he wants you he has to cover you for the past years (tail) and going forward... just get it in writing