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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am an OB/GYN. I resigned from my position as a hospital

Customer Question

I am an OB/GYN. I resigned from my position as a hospital employee. As my final work day approaches, the hospital I work for is claiming that I must purchase a Malpractice Tail according to my contract. This would cost me $50,000. I told them that this is not possible. They have come back and said if I provide them proof of continued policy coverage, they would forget about the Tail. This is also not cheap. Especially, since I am considering leaving medicine altogether. What are the risks of not carrying a tail or continued coverage personally? What can the hospital do if they think I have violated the contract?
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.

Thank you for your question.

If you are required to purchase a malpractice tail when leaving the hospital's employment pursuant to your contract, then failing to do so would trigger the hospital's claim for breach of contract. Their damages for this would be to sue you for the cost of purchasing the tail to cover you.

Of course, the other risk of not having continued coverage or a tail is that if there is a malpractice suit, you will be exposed to liability on the claim without insurance coverage.
Expert:  TexLaw replied 3 years ago.
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Best Regards,