Question 1

What's the difference between claims-made and occurrence malpractice?

Accepted Answer

Occurrence policies cover events that happen during the policy period regardless of when the claim is filed. Claims-made covers claims filed during the policy period. Occurrence is simpler — every year of coverage stands alone, no tail needed at retirement. Claims-made is cheaper in early career years (lower 'step rate') but requires expensive tail coverage when retiring or switching carriers. Most Florida malpractice is claims-made; occurrence is increasingly rare and expensive when available.

Question 2

Do I need tail coverage when I retire?

Accepted Answer

Yes, if you've been on claims-made coverage. Tail (extended reporting period) lets claims surfacing after retirement still be covered for events that happened during your active practice years. Florida's statute of repose is 2 years for adult patients (4 years for minors with extensions), but exceptions can extend the window. Tail premium typically runs 100%–250% of the expiring annual premium for a specified tail length (often 5 years or unlimited). Some carriers offer free 'free tail' for retirees who've been with them long enough.

Question 3

What are consent-to-settle clauses and why do they matter?

Accepted Answer

Consent-to-settle requires the carrier to obtain your written approval before settling a claim. Without it, the carrier can settle 'over your head' for business reasons, which adds to your National Practitioner Data Bank record (a database tracked by hospitals and licensing boards). Florida physicians strongly prefer consent-to-settle policies. The tradeoff: if you refuse a reasonable settlement and the case proceeds to a verdict above the offer, some policies impose a 'hammer clause' limiting their further obligation to the rejected offer.

Question 4

Are nurse practitioners and PAs covered under the supervising physician's policy?

Accepted Answer

Sometimes, but increasingly NPs and PAs carry their own policies. Florida allows NPs to practice under varying levels of physician supervision depending on specialty; PAs always require supervising physicians. The supervising physician's malpractice policy may extend coverage to NPs/PAs as 'employees,' but coverage limits are shared with the physician. Independent NP practices and high-volume PA practices typically carry separate dedicated policies for full per-provider limits.

Question 5

Does malpractice cover license defense?

Accepted Answer

Most modern policies include license defense as a sublimit ($10K–$50K) or via endorsement, paying for legal representation in Florida Department of Health and Board of Medicine disciplinary investigations. Many Board complaints arise from patient billing disputes or scope-of-practice issues that aren't actual malpractice but still require a professional response to avoid sanctions. License defense coverage is invaluable; review whether it's included or sold as a separate add-on at renewal.

Question 6

How does the 2023 tort reform affect Florida malpractice?

Accepted Answer

The 2023 reform shortened the statute of limitations for negligence to 2 years for most adult cases (down from 4), tightened bad-faith standards in claims handling, and modified comparative negligence rules. Medical malpractice statute of repose specifically remained mostly intact but with clarified exceptions for fraud and pediatric cases. Net effect: fewer multi-year-old claims, but slightly different defense and settlement dynamics. Premium impact has been modest so far; longer-term effect on claim frequency is still unfolding.

Question 7

Are telehealth services covered under standard malpractice?

Accepted Answer

Most modern policies explicitly include telehealth, with caveats. Coverage typically extends to telehealth services rendered to patients located in Florida (where you're licensed) or in states where you hold active licensure. Cross-state telehealth requires either licensure in the patient's state or compact-licensure structures (like the Interstate Medical Licensure Compact). Confirm with your carrier that all telehealth platforms you use are accepted; some carriers exclude direct-to-consumer telehealth or specific high-risk specialties practiced via telehealth.

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