Risk Management and Medical Malpractice Coverage

USACS acts as an enduring support system. We safeguard the futures of our colleagues through leading risk management and unrivaled medical malpractice coverage. Protection is offered on every front, whether clinically, legally, or emotionally. Our coordinated efforts exceed expectations, ultimately producing tangible results:

 

• Our malpractice claims are less than ½ the national average.

• Of claims made, over 99% end in a dismissal, settlement, or defense verdict.

 

Behind the scenes, these metrics are driven by Dusty Otwell, JD. A lawyer himself, Dusty is our Vice President and Chief Risk Officer. He manages our malpractice insurance and claims defense, while working with USACS leaders to shape clinical interventions. Drawing on his insight, we will cover our approach both at the bedside and in court.

 

Resources for Proactive Action

 

First and foremost, we strive to mitigate medico-legal risks before they become medico-legal cases. This objective begins with our dedication to patient care. Through clinical innovations, quality improvement programs, and continuing education courses, we ensure our Physicians and APPs are never alone. We deliver enhanced decision support, available at their fingertips.

 

“A prime example is our proprietary Clinical Management Tools (CMTs),” Dusty explains. “CMTs function as decision-making algorithms for high-risk diagnoses, such as posterior stroke. Our colleagues can access them through their hospital’s EMR system and the USACSMed mobile app. For specific advice, Clinicians can also turn to our FailSafe Program. FailSafe provides 24/7 phone access to Senior Physicians, who can assist in navigating challenging situations. No matter the resource, we aim to promote best practices and limit the risk of clinical variability.”

 

Within this scope, our leadership team adopts an evidence-based framework. In combination with the latest literature, they analyze our nationwide quality metrics and malpractice database. They leverage this information to learn from our sites, prioritize medical conditions, and craft tailored solutions. It is a journey of ongoing development that sets us apart in the current healthcare landscape.

 

“Despite our accomplishments, we must always remain cautious,” Dusty asserts. “Even the most diligent patient care cannot prevent all claims. This understanding brings us to our incident report system, another preemptive measure. The system allows our colleagues to share potential issues with our quality and risk departments. Once submitted, we assess the story and create a file. Our procedures are not punitive; they are designed to help our colleagues. For this reason, we embrace a practical philosophy: when in doubt, fill it out.”

 

An incident report may be sent due to patient complaints, peer reviews, root cause analyses, or other events. It can be used to resolve claims early, enabling us to reach an agreement with the patient before it escalates to a case. At a minimum, a report reinforces our team’s preparation. Although litigation is slow, quick action is necessary at the forefront. With a file already on hand, we can form the defense more efficiently and effectively.

 

Benefits for Comprehensive Support

 

When a case materializes, our colleagues can rely on our claims management program. Physicians and APPs receive medical malpractice insurance with tail and litigation support. They are insured through our Clinician Assurance Risk Retention Group (CARRG), a wholly owned insurance company of USACS. Dusty oversees the performance of the CARRG, as the President and Corporate Secretary. Amer Aldeen, MD, FACEP, serves as the group’s Chair, alongside his roles as our Chief Transformation Officer and Chief Medical Officer.

 

“The CARRG is located in Vermont, known as one of the top domiciles for risk management,” Dusty elaborates. “To date, we have seen exceptional performance, with our group beating all benchmarks of financial health. I am confident our colleagues are in an ideal place with our insurance. Compared to commercial insurance, we have greater control over cost and claims defense. We uphold our responsibility, assuring that no one is left up a creek without a paddle.”

 

Aligned with the industry standard, our insurance limit generally sits at $1 million per claim. Dusty uses this insurance to defend our Physicians and APPs, collaborating closely with our claims managers. Claims managers are expert paralegals in charge of constructing the claim strategy and preparing the defendant. They are assigned to our colleagues based on their state of residence and operate as the primary contact. From the start of a case through the appeal, their role is integral to our one-of-a-kind lawsuit management.

 

“Our in-house claims management elevates the Physician and APP experience,” Dusty affirms. “Traditional models employ an external legal team, in which the defendant is less involved. In contrast, we value the defendant’s desires and walk them through critical decisions. Our group has been very successful in obtaining agreement on whether to settle a case or take it to trial. Not to mention, if a trial ensues, we pay our colleagues for their time. It is essential that they are healthy, happy, and ready to rock.”

 

To this point, we heavily emphasize personal well-being. Our Litigation Stress Support Team is our final key asset, led by Orion Colfer, MD, FACEP, our National Director of Professional Development. Under his supervision, the team matches defendants with a peer mentor to cope with the mental turmoil of litigation. Peer mentors are USACS Physicians and APPs who have faced their own malpractice claim. They are equipped to address a variety of topics, from deposition practice to self-care and family involvement.

 

“After a case ends, we ask our defendants to become a peer mentor,” Dusty notes. “This cyclical nature speaks to the nurturing culture of our team. We empower each other and we pay it forward. Among our colleagues, there is no shame, only guidance. It is through our commitment to our people that we have achieved the outcomes seen today. Forging ahead, we will continue to optimize our risk management and medical malpractice coverage.”

 

As we conclude this discussion, one thing is clear: USACS has your back. Our investment in Clinician training and support is second to none. It is a pleasure to champion our Physicians and APPs, as we make the legal process as seamless as possible.

 

Have questions? We encourage you to explore our benefits and direct inquiries to our clinical recruiters.