Take the Medpro Challenge
Take the MedPro challenge and compare MedPro's consent provision for dentists and oral surgeons to the following consent exceptions commonly included in most healthcare malpractice companies' policies.
If your policy's consent clause contains language similar to any of the below phrases, you do not have the strongest consent authority available today in the healthcare malpractice industry; therefore, your reputation and assets may be exposed.
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Common Exceptions in Consent to Settle Provisions
1 | Unreasonable.You have consent authority…unless we deem you unreasonable in withholding your consent.Ask your carrier how they define unreasonable. |
2 | "Hammer" clause.If you refuse to consent to a settlement and elect to contest or continue to contest a claim, our liability for loss shall not exceed the amount for which we could have settled such claim had you consented, plus claim expenses incurred prior to the time we made such recommendation.Ask your carrier whether your policy includes a hammer clause. |
3 | Board approval.You have consent authority... as long as our review panel or board agrees with you that your performance met the standard of care. If we disagree, the board assumes consent authority on your behalf. |
4 | Binding arbitration.You have consent authority…unless we disagree, at which time we submit your refusal to consent to binding arbitration. |
5 | No longer insured by the company.You have consent authority... unless you are no longer insured by the company at the time settlement or trial occurs. Other policies similarly state: you have consent authority... unless you no longer have an active policy with the company at the time of settlement. |
6 | Moved out of state.You have consent authority... unless you have moved out of state prior to the time of settlement or trial. |
7 | You are unavailable or cannot be located.You have consent…unless we cannot locate you or you are otherwise unavailable at the time of settlement or jury trial. |
8 | License suspended.You have consent authority... unless your professional license has been suspended, revoked or surrendered at any time during the claim process.Ask your carrier whether this would be true even if you had a valid and active license at the time dental service was provided. |
9 | Deceased or incompetent.You have consent authority…unless you are deceased or deemed incompetent.Ask your carrier whether this could deprive your estate of the ability to fight the malpractice claim on your behalf, thereby potentially costing your heirs valuable inheritance they otherwise might have received. |
