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In recent years, substantial litigation has developed throughout the multi-billion dollar managed care and healthcare industry. BatesCarey LLP has been involved in this litigation from its inception, and has actively protected our insurance and reinsurance clients from the far-reaching impact of such claims.

Managed Care

Class actions have been filed against large managed care organizations across the country—something few would have anticipated when professional liability insurance was first written for the managed care industry. These suits give rise to hundreds of millions of dollars in defense expenses and settlements. In turn, the suits have created insurance and reinsurance issues, including the extent to which business risks are covered under professional liability policies, the interrelatedness of various claims, as well as the state of the defendants’ individual or collective knowledge of these risks prior to, or at the time, insurance was purchased. Our firm has navigated the insurance and reinsurance interests of its clients through the maze of such managed care matters. We have a strong foundation for advising our clients concerning the ever-expanding challenges arising from such managed care coverages.

Healthcare

BatesCarey LLP has handled a broad range of insurance and reinsurance claims and challenges presented by hospitals and nursing homes under healthcare errors and omissions policies.

We routinely counsel our clients with regard to the underlying monitoring and potential mediated resolution of claims. We also provide legal advice relating to the drafting of reservation of rights letters and, when necessary, litigating the various coverage disputes that arise from claims involving our client’s insured or even other potentially implicated insurers. Our clients participate in such healthcare risks at both the primary and excess levels, with respect to both direct insurance and reinsurance, and with respect to both U.S. and Bermuda-market forms.

A sampling of our experience includes the handling of claims involving:

  • Suits against medical practices for the performance of allegedly unnecessary heart surgeries
  • Malpractice actions arising from birth injuries
  • The alleged mishandling of the transfer of kidney transplant patients
  • Discrimination claims against hospitals
  • Sexual abuse claims against medical personnel
  • Claims involving the use and impact of captive coverage programs for healthcare providers
  • Suits alleging negligence arising from specialized medical devices
  • Interplay between general liability and professional liability coverage grants