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Home > Services > Physician Wealth Preservation Strategies > Asset Protection for Physicians

Asset Protection for Physicians

Why is being a physician any different then any other profession?

Let’s suppose we all agree on the premise that there are many malpractice claims against physicians.  We will discuss this in greater detail throughout this section.  Therefore, it is a basic premise that physicians need better then adequate insurance.  Let’s also suppose that the physician is a likeable, caring and diligent person instead of a slipshod doctor.  Then why is there such a push on medical malpractice in terms of litigation?

Without discussing the right and wrongs of litigation, or for that matter the frequency of cases brought against physicians, there are several factors regarding doctors that make them targets.  These factors, explain and prerequisite why physicians should practice Asset Protection.

The physician is thought of as an entity with something to take when it comes to assets.  Though it is true that many people have big homes and have big cars, when it comes to litigation, physicians are a “brand.”  They represent financial success in our society.  It is known that they have malpractice insurance and insurance companies fit the mold for “deep pockets.”

Then, if physicians have malpractice insurance, why should they practice Asset Protection?  It would be amiss not to speak about the practice of law at this time.  Suing attorneys has become a specialty in the field of law.  If physicians did not make mistakes and life and health were predictable, then we might not be having this conversation.  Often specialty attorneys search for cases in which an attorney has made a mistake and the damages are great; these cases are easy to prove, or settle out of court, but either way, the attorney or law firm cashes in.

Specifically about the attorneys –

In fairness and in the spirit of remaining neutral, attorneys have a belief system.  They believe that these damaged patients are entitled to damages and it is their responsibility to push the limits.  Their concerns are for the plaintiff, or the damaged patient. 

When a law firm takes a case, they have thoroughly screened the case to determine if the damages claimed are recoverable.  Law firms take these cases on contingency.  You may have heard, “We don’t get money until we get you money.”  That is true.  Law is much more then a field of study, or defense of the innocent or damaged.  Law is a business. 

When a case is taken on a contingency, it is ethically because a person has been damaged.  A firm must decide it the case has merit.  If the case is creditable, meaning that the cost of litigation will be covered and likely profitable, then the firm will usually proceed.  If a firm loses a case, they lose a lot of money.  Therefore, firms troll for good cases to justify the business of conducting litigation.  You have seen the commercials.

It is not really a matter of right or wrong anymore, there are equal members on both side of the fence.  It is reality.  Medical malpractice is a business.

Specifically about the physicians –

Physicians make mistakes; even the best of the best can make an error.  In many businesses, harmless error equates to just fixing something.  For instance, when the paper mis-publishers something; they will generally retract it, apologize and print the correct version. 

In medicine, this is hardly the case.  A physician’s mistake can take a life or cause damages that cost a lot of money to fix.  No physician is infallible!

Then there is pain and suffering, which we have a section in this area to give you some idea as a physician what you may face in a lawsuit.  Pain and suffering can add great financial damages to a case and sometimes pain and suffering can take the limit above the medical malpractice insurance coverage.

Whey then should physicians practice Asset Protection?

As a physician, you have no choice.  You cannot change the legal system and hoping for the best often results in future risk to your hard-earned assets and jeopardy to your estate.

We do not advocate that Asset Protection is a green light to forge into risky medical practice.  We do advocate that Asset Protection will give you confidence to run your practice in a sound business manner without risk so that you can be the best physician that your desire to be.

Read the next section to find our why physicians are in the GREEN ZONE for lawsuits.

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