Massachusetts Sees Rise in Obesity Rate
There are more than 27% of adults with obesity in Massachusetts, and more than 35% are considered overweight, according to data from the U.S. Centers for Disease Control (CDC). In the Boston metro area alone, the adult obesity rate has risen to 22%.
While Massachusetts currently ranks low at 47th for obesity among U.S. states, the increasing prevalence of obesity has become a concern. Although the state needs bariatric surgeons, complex bariatric surgeries carry a high risk of serious intraoperative patient injuries and post-operative complications.
That’s why Massachusetts bariatric surgeons need robust medical malpractice insurance.
As your only trusted broker, MEDPLI will help you find the right coverage at the best rate in Massachusetts.
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If you are a Massachusetts bariatric surgeon in private practice, or planning to open a new practice in Massachusetts, use this guide prepared by independent MEDPLI insurance brokers to give you a concise overview of medical malpractice insurance. Then contact a MEDPLI insurance broker to discuss your coverage needs and get a quote.
Medical Malpractice Insurance Requirements for Massachusetts Bariatric Surgeons
Massachusetts law requires surgeons to maintain medical malpractice insurance with the required minimum coverage amounts for claims against injury or death set at $1,000,000 Each Claim / $3,000,000 Aggregate per year.
However, bariatric surgery is considered a high-risk specialty, so you will need more coverage than $1,000,000 Each Claim / $3,000,000 Aggregate per year to be adequately protected if sued for malpractice.
MEDPLI strongly recommends securing coverage from an A-rated carrier as the most cost-effective way to protect against devastating financial loss if you are sued for malpractice in Massachusetts. As an independent broker, we specialize in medical malpractice insurance for bariatric surgeons. We can help you find the best coverage at a great price.
Types of Professional Liability Insurance for Massachusetts Bariatric Surgeons
Here is an brief overview of the three most common types of medical malpractice insurance in Massachusetts:
1. Claims Made Insurance
Claims-made malpractice insurance provides coverage if the policy is in effect both when the incident took place AND when the claim is filed. If a claim is filed after the end of the policy date, the claim is NOT covered. With a claims-made policy, you need tail malpractice insurance, which is a separately purchased insurance policy or endorsement, to make sure you have full protection.
2. Occurrence Insurance
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Occurrence policies are more costly at the start of the policy, but the rate generally stays the same for the length of the policy, and there is no need for tail coverage when the policy ends.
3. Tail Insurance
Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage. When you are preparing to leave your employer, you should seek tail coverage options with an independent broker like MEDPLI. Tail insurance covers you for a specific time period. The new employer’s policy is not going to cover you for prior acts of a former practice, hence tail coverage is needed.
Reach out to an experienced MEDPLI insurance broker who will get to work for you to find a tail policy at a great price.
Let a MEDPLI Broker Help You Choose the Best Policy for Your Practice
Every surgeon’s situation is unique, so we recommend a conversation with a MEDPLI insurance broker to the discuss the unique needs of your Massachusetts practice.
Your MEDPLI insurance broker will explain the benefits and limitations of each type of medical malpractice insurance available in your state to ensure you get the right type and amount of coverage for your bariatric specialty.
Get Quotes from A-Rated Carriers Serving Massachusetts Bariatric Surgeons
MEDPLI insurance brokers will obtain quotes from medical malpractice insurance from carriers rated “A” by A.M. Best for their long-term financial solvency and robust legal support of policyholders. The top carriers in Massachusetts include:
Why Bariatric Surgeons Are Classified as High Risk by Massachusetts Medical Malpractice Insurance Companies
Medical malpractice insurance underwriters classify bariatric surgery as a high-risk specialty because of the surgical side-effects and complications that commonly lead to allegations of malpractice. Therefore, no matter what state you practice in, the cost of medical malpractice insurance will be higher for bariatric surgeons compared to other lower-risk specialties.
Top Reasons Why Massachusetts Bariatric Surgeons Are Sued
A review of malpractice claims data by “A” rated malpractice insurance carrier MedPro Group found that improper surgical performance, poor management of surgical patients, diagnostic errors, and poor doctor/patient communication contributed to the risks of bariatric surgery, including:
Also, according to a 2022 closed claim registry report by the ASMBS, Massachusetts bariatric surgeons have been sued for malpractice most often for failing to:
Bariatric surgeons can reduce their risk of a malpractice lawsuit by implementing a comprehensive risk management strategy. For tips on fine-tuning your risk management strategy, check out our Bariatrics Surgeon’s Guide To Managing Risk.
Massachusetts’s Medical Malpractice Insurance Legislation
Consulting with a MEDPLI insurance broker who understands the complexities of Massachusetts’s medical malpractice laws will ensure that your bariatric practice is protected with the right amount of coverage.
Massachusetts’s Damage Caps on Medical Malpractice Lawsuits
In Massachusetts there is no limit on the amount of compensation a plaintiff can recover for past and future economic damages, such as medical care necessitated by the malpractice, lost income, lost future earning capacity, and any other measurable economic losses attributable to the defendant’s malpractice.
Previously, Massachusetts statutes allowed a $500,000 cap on non-economic damages (which included compensation for “pain and suffering”) and a $1,000,000 cap on non-economic damages if the malpractice resulted in death or a vegetative state, but these statutes were struck down as unconstitutional in 2017.
Massachusetts’s Statute of Limitations for Medical Malpractice Claims
The statutes of limitations in Massachusetts are as follows:
Bariatric Surgeon Medical Malpractice Outcomes in Massachusetts
With no cap on economic damages and non-economic damages capped at $500,000, bariatric surgeons in Massachusetts are more vulnerable to personal financial loss if they don’t have adequate medical malpractice coverage.
In 2022, the total medical malpractice payout in Massachusetts was $183,291,300.
The following examples of Massachusetts medical malpractice lawsuits found in favor of the plaintiff, or paid as a settlement, show the critical need for bariatric surgeons to have robust liability coverage:
Jury Awards Bariatric Surgery Patient $5 Million
A male patient suffered anoxic brain injury following gastric bypass surgery.
Bariatric Surgery Case Settled for $1 Million
During a revision of his Roux-en-Y gastric bypass surgery, a male patient suffered complications from a bowel perforation, resulting in sepsis, additional surgeries, and hand amputation.
Even the Best Bariatric Surgeons In Massachusetts Need Protection From Malpractice Lawsuits
Most surgeons face at least one medical malpractice lawsuit brought forth by a patient throughout their career, so it’s essential to be covered when it happens to you. In addition to damages awarded to the plaintiff, having medical malpractice insurance assures that your legal costs will be covered regardless of whether the case is won or lost.
How MEDPLI Brokers Help Bariatric Surgeons Save Time and Money on Medical Malpractice Insurance
Working with MEDPLI as your trusted broker takes the guesswork and effort out of trying to get the right coverage at the best rate on your own. We help you save time and money by:
MEDPLI insurance brokers are ready to help you navigate the complexities of Massachusetts’s medical malpractice laws and secure the right amount of coverage for your bariatric surgical practice. From submitting your application, obtaining the best rates for new policies and renewals from “A” rated carriers and more, MEDPLI is the only medical malpractice insurance broker you’ll ever need.
