Protecting your assets: Why medical liability insurance isn’t enough

By Howard B. Yeon, MD, JD, and James H. Herndon, MD, MBA

Medical liability is a ubiquitous concern for orthopaedic surgeons. The prospect of a lawsuit brings well-justified fears of a prolonged, unpleasant, and costly judicial process that could result not only in professional stigma but also in financial ruin.1

Laws capping tort damages have been effective in some states, but in many states, political forces make the adoption of such limits unlikely. Because hospitals in some states are protected under the doctrine of charitable immunity, individual physicians may be seen as the ultimate deep pockets in medical liability litigation.

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