What you should know about the California professional liability insurance market
Tort reform is in effect in the State of California imposing a cap on noneconomic damages. Californians Allied for Patient Protection (CAPP) and Medical Injury Compensation Reform Act have fought together for the protection of consumers and providers.
With the increase in competition between insurance companies and more companies to choose from, it is extremely important to have an experienced agent on your side. Desert Mountain Insurance will research and evaluate the companies and coverage components to ensure you are well informed in the purchase of a California medical malpractice insurance policy.
We partner with many major national medical professional liability insurance carriers as well as local California medical professional liability insurance companies. While we shop for a variety of California medical malpractice insurance rates, we also evaluate California physicians liability insurance coverage and provide objective guidance to our clients so they may select the professional liability carrier, professional liability policy, and California malpractice insurance protection that meets their specific needs. Complete our questionnaire or contact our office now for a free quote online or over the phone!
Records Retention Requirement for California Physicians Liability and California Medical Malpractice Insurance
In the state of California, physicians are not subject to any general state or local laws or statutes that dictate a required time frame for medical records retention. However, physicians who contract with various government health plans can be required to maintain their records for a specific time period. The following require a medical provider to maintain records for 3-years: Welfare and Institutions Code section14124.1, Health and Safety Code section 1797.98(b), and Health and Safety Code section 11191.
Additionally, the following entities impose varying time frames: HMO medical records be retained for a minimum of 2 years to comply with the Knox-Keene Act, qualified medical evaluators must maintain medical-legal reports for Workers’ Compensation Cases for 5 years under Title 8 CCR section 39.5(a) .and medical clinics licensed under section 1205, 1253, 1575, or 1726 of the Health and Safety Code section 123145 requires records to be retained for 7 years.
It is important to refer to the state medical board or medical or hospital association regarding current suggested guidelines in order to implement appropriate procedures for your practice or facility.
California medical malpractice insurance policies may automatically provide coverage for such administrative responsibilities or separate coverage may be an option available upon request. It is important to evaluate the policy in comparison to your exposure and responsibilities.
California medical professional liability insurance policies can also provide coverage for your practice or facility due to data breach of medical records or cyber liability.
California Professional Liability Insurance and Statute of Limitations
In California, the statute of limitations is defined by California Code of Civil Procedure Section 340.5 and states that a medical malpractice action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. Commencement of action cannot occur after 3 years, however, the statute does allow for certain exceptions such as fraud, concealment, and actions involving minors.
Consult your California physicians liability insurance company and medical malpractice attorney if you are subject to investigation or receive a written or verbal demand from a patient or patient representative.
As an independent agent specializing in medical malpractice insurance for California physicians, we are available to discuss questions regarding California medical malpractice insurance claims or incidents. Please do not hesitate to give us a call at(480) 348-2200 for more information or fill out our questionnaire for a free quote!
THIS SITE DOES NOT OFFER LEGAL ADVICE
The information provided on this site does not constitute legal advice. The material on this site is for informational purposes only and often changes without notice and may not be the most current. Please check your state laws and always seek the advice of a qualified attorney regarding any legal issue or question.