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Need urgent advice re:malpractice insurance


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I have worked at a very busy internal med practice for the past 5 1/2 years. It's just me and my SP working. Over the years, his disorganization and money problems have gotten worse and worse. For example, we are often out of supplies and vaccines because he hasn't paid the bill and they will no longer credit us. I am paid well, but have no benefits other than malpractice and vacation time.

2 days ago, I got a letter from y malpractice company that my policy was cancelled because the check bounced. Thy told me over the phone that it would be retroactively covered if it was paid in the next few days. My boss was away, and told me and the office manager that he would take out the money at a back where he was, and wire it to the company.

He got back today, and when I asked him in the morning, he lied and told me he'd sent a check and would call them to see if they'd reinstated me. I called the company myself and of course no check. He then proceeded to yell at the office manager tht he had not send money and could not, because he doesn't have the funds to cover. He told us that he plans to work without malpractice. He then told me that I could see patients and "just not sign" the chart, so that if I got sued it would all be on him. When I told him I wasnt comfortable and couldn't do that he said "do whatever you want, I don't give a s$&t."

 

Now, I am obviously aware that I'm in a bad situation. I'm very actively looking for a new job. In the meantime though, I don't know what to do. I stopped seeing patients his afternoon (he says he's going to see them), and am just sitting in my office because I don't want to be the person who walked out. I need advice re: how to handle my schedule until he pays the insurance (I know he's going to), as well as the legal aspects of all this. If he doesn't pay the insurance but doesn't fire me, do I take him to court? Help!

 

So sorry for the very long post, I feel like I'm in the twilight zone/hell.

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Get a lawyer. Resign immediately. Your SP must be held liable for malpractice coverage even if you were to resign.

 

In your resignation letter, states the reasons for your resignation. You are to indicate date, time and the name of the malpractice insurance carrier rep whom you had spoken to, confirming that you were no longer cover, for lack of payment.

 

Lots of red flags! You've got to run!!

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I know I need to leave, that's without question. I can't really leave without getting a new job first (I just had a baby, lots of new expenses). Now that I'm a little calmer, my questions are:

-is it legal for him to just suddenly stop my malpractice (vs. saying in some amount of time your malpractice will no longer be paid for...)

-what is the legality of me not seeing patients but continuing to come to work my normal hours? That way I'm fulfilling my end of our contract. If he were to fire me, what basis do I have to stand on in terms of the law. And assuming he didn't fire me (which he won't), what about my wages for the time I'm there but don't see patients? If I come to work next week but don't have insurance and therefore don't see patients, he will refuse to pay me. What do I do a that point.

 

What a mess. I've been there for such a long time, and this feels like a huge (though not surprising at all) slap in the face. Thanks for all your replies.

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Has his behavior declined over the past few years or has your tolerance for it reached it's end? Due to the recent events, it sounds like he has spiraled. Busy practice + no money + yelling + lying = matrix describing an impaired provider. Is there family that you can tap for a loan to get through the lean times because you need to run from this fecal tempest.

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Your case warrant immediate legal advise/counsel.

 

Question for you. How do you expect to come to work, not see pt and expect to get paid? I guarantee you this won't pan out long.

 

If you continue at this practice, you are setting yourself up for failure. Termination vs resignation? Pick one.

 

If the practice can't pay it's vendor, then, you're next on the line. Holding up your pay is next to go. Just so you know, cost of malpractice coverage for in NY is inexpensive.

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This is so strange I read this post and got deja vu, of when I was an MA in NYC. It was such a similar story. We had tons of patients, but the PA who was highered was totally taken for a ride. He had a contract that stated that he would get a raise every X number of months and then he never got the raise. He was there for 3 years and then he left. The dr himself pulled me aside one day, after the PA left, and just whined to me about how his whole practice is in the negative. Also here there was a time, for like 3 months, when the PA was not insured and he did see patients but didn't sign anything. How can these practices see so many patients and still not make any $$ it makes no sense to me...

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