Claims defense

EmPRO understands that defending our physicians is our number one priority. If you are ever involved in a malpractice suit, you can rest assured knowing that our claims team will work tirelessly to investigate and strategize on your behalf. At EmPRO, we will put together a team of top legal, claims, insurance, and medical experts, including leading experts in pediatrics, to bring forth the strongest defense possible on your behalf. EmPRO’s Medical Directors will work with our attorneys in the initial phase of the claims process to ensure that your claim receives the optimal defense strategy.

EmPRO understands that the practice of medicine carries inherent risks to the patient and that an adverse event does not necessarily imply negligence. It is therefore important for pediatricians to select a malpractice carrier who understands that pediatrics has inherent risks and that a case should not be settled merely because of a poor outcome.

• Where other malpractice companies settle for business reasons, EmPRO will fight on your behalf.
• EmPRO uses data-analytics to drive strategic planning of claims defense.
• EmPRO’s claims team has a proven track record of success. To learn more, click here.
• EmPRO has a captive medical malpractice law firm, providing in-house legal expertise.

Comprehensive risk management services

EmPRO’s risk management and legal team have decades of experience supporting and advising our physicians on how to best mitigate risk in their practice. EmPRO provides consultation services for both small and large practices.

Access to award-winning education

Our award winning CME and MOC education programs combine the very best risk management and patient safety content into easy to learn, memorable online courses. Our courses are approved by the Medical Society of the State of New York and the New York State Department of Financial Services for the New York State medical malpractice insurance premium discount and excess malpractice insurance program.

Also:

• Stay informed with EmPRO’s legal briefs
• Find specialty-specific risk management content with EmPRO’s original articles, videos, and posts.
• Stay current by following EmPRO’s social media feeds for the latest news, information, and original articles.
• Keep up to date with the latest malpractice trends by attending EmPRO’s webinars.

Physician peer support

No pediatrician wants to have an adverse event or become involved in a malpractice lawsuit. Unfortunately, it is impossible to eliminate the risk of litigation, no matter how competent a physician may be. At EmPRO, we have trained, knowledgeable, experienced physicians to provide support to you if the need arises. Our physician peer-supporters are available to have a confidential call to discuss an adverse event, litigation, or any frustrations or challenges related to practicing medicine today.

EmPRO offers:

• One-to-one support
• Virtual group peer support
• In-person group peers support

In Focus – Pediatric Malpractice Claims

Although all physician specialties face medical malpractice claims, Pediatrics is by far one of the least vulnerable to litigation.  At the same time, although frequency is low, when lawsuits do occur they can be quite costly.  Injury or disability in children brings large medical expenses and /or lost earnings over time accounting for the high indemnity payments in the claims. (1)

According to the American Academy of Pediatrics, 1 in 5 pediatricians is sued once over the course of their careers. (2)  Pediatricians most frequently are sued for failure to diagnose. What diagnoses are most often missed?

• Viral illnesses being diagnosed as bacterial illnesses
• Misdiagnosis of medication side effects,
• Psychiatric disorders
• Appendicitis (3)

Pediatricians face a great challenge when it comes to diagnosing a child correctly and in a timely fashion.  The physician devoted to caring for children has a patient not skilled in description and discussion of symptoms experienced.  Families go a long way in trying to provide a health history, though, they also are in a challenging position, depending upon the age and verbal abilities of the patient.

Hardeep Singh and colleagues surveyed more than 1300 pediatricians. Their results, published in Pediatrics, addressed participants as reporting having made one or two diagnostic errors a month. (4) Additionally, nearly 1/2 of pediatricians reported diagnostic errors that harmed patients at least once or twice per year. (5) Physicians ranked access to electronic health records and close follow-up of patients as strategies most likely to be effective in preventing diagnostic errors. (6)

References

1. Anupam, B Et Al, Malpractice Risk Among US Pediatricians Pediatrics 2013 Jun; 131(6)
2. American Academy of Pediatrics Periodic Surveys, 2015
3. Singh, H et al, Errors of Diagnosis in Pediatric Practice: A Multisite Survey Pediatrics, June 2010
4. Singh, H et al, Errors of Diagnosis in Pediatric Practice: A Multisite Survey Pediatrics, June 2010
5. Singh, H et al, Errors of Diagnosis in Pediatric Practice: A Multisite Survey Pediatrics, June 2010
6. Singh, H et al, Errors of Diagnosis in Pediatric Practice: A Multisite Survey Pediatrics, June 2010

Helpful Pediatric resources

• American Academy of Pediatrics: https://www.aap.org/
• American Association of Poison Control Centers: https://aapcc.org
• NYS Office Of Child Protective Services: https://ocfs.ny.gov/main/cps