As a practicing physician in Mississippi in the 1990’s, I was a first-hand witness as our state became one of the litigation capitals of the world. Concomitantly, we began to see a drastic rise in medical liability premiums and an exit of insurers. During this time, my specialty group became a part of a larger multi-specialty conglomerate of physicians. As a result, our liability carrier also changed to an out-of-state company offering lower premiums. Several years later, upon switching back to an in-state, physician-owned company, the out-of-state company wanted an exorbitant amount for tail coverage in spite of the fact that, at that point in time, I had never been sued.

Several years later, I was served with the first and only medical malpractice lawsuit of my professional career. The patient had sustained a surgical complication, which because of the highly litigious climate in Mississippi, I had “reported” the case at the time of occurrence to my liability company of record, which was the out-of-state company. To its credit, the insurance company retained an excellent Mississippi medical defense attorney to represent me and we were off to the races, with the usual back and forth motions and depositions. Unfortunately, prior to adjudication or settlement, my liability carrier became insolvent, at which point I became personally responsible for the legal bills and potential judgments. Although ultimately resolved, this ordeal took a financial, mental, and emotional toll.

These events were stressful and painful, to say the least. I offer the following thoughts and observations in the hope that others will be spared from such experiences.

  1. Tort reform was and continues to be critical to prevent the rise of frivolous lawsuits and to maintain available and affordable medical liability insurance coverage.

  2. Obtain medical liability coverage from a well-known, financially stable institution.

  3. Negotiate “tail coverage,” otherwise known as “prior acts coverage” as part of an employment agreement, when possible, and know who will be responsible for it should one’s employment change.

  4. Some physician groups have now become owned by corporate entities. It would be wise to explore what will happen in the event one’s employer changes corporate ownership, (i.e. who will be responsible for purchasing tail coverage).

  5. With the increasing use of midlevel practitioners in today’s healthcare environment, one should explore his or her legal liability as the employing or collaborating physician.

  6. Consider obtaining legal advice regarding the structuring of one’s estate/assets as well as the need for “umbrella” coverage in addition to one’s medical liability coverage.

  7. If, as a physician, you are sued or involved in a patient case with potential liability, do not hesitate to reach out for mental and emotional support, preferably from a professional bound by confidentiality. Seeking help when needed is not a sign of weakness, but rather a wise move to maintain one’s health.

This article is not meant to incite fear. Nonetheless, I encourage each and every Mississippi physician to be vigilant when it comes to maintaining tort reform. It is also imperative to become actively involved in efforts to elect Supreme Court judges and legislators who understand and support healthcare in Mississippi. The practice of medicine is a noble profession, albeit not without its share of vagaries. We must stay continuously engaged to maintain a suitable landscape in which to practice and access to care for our patients.