Patients are not the only people who can bring a claim against you. Modern Doctors also need defense against a wide variety of administrative and government proceedings. 

Overview

MedGuard is a defense coverage that works as an adjunct to your professional liability coverage. It adds an extra layer of security beyond traditional medical malpractice coverage by helping to defray the costs associated with expensive administrative proceedings that you or your professional organizations can be subject to. The annual aggregate limit of insurance for MedGuard is $50,000 for covered legal expenses.

Included in MedGuard is our e-dataRESPONSE cyber coverage, which provides substantial coverage for a variety of regulatory and legal obligations related to the breach of electronic or paper records.

Also included in MedGuard is our Witness Assistance coverage, which provides up to $10,000 in coverage for an attorney to assist you in responding to a subpoena or other practice-related request for information. 

Coverage

MedGuard pays to defend you against certain administrative proceedings concerning:

Privacy Breach

The e-dataRESPONSE coverage included in MedGuard provides substantial coverage for a variety of regulatory and legal obligations related to the breach of electronic or paper records. e-dataRESPONSE is here to help you navigate the complicated legal response to a data breach and cover payment, on behalf of the Insured, for out-of-pocket expenses including:

• Legal services to respond to or defend an insured event
• Computer security consultant services to determine the cause and extent of a data breach for which the Insured has legal responsibility to provide notification or mitigation
• Legal defense against a civil action brought by someone alleging damages due to a privacy breach
• Fines or penalties by a government agency due to the privacy breach
• Fees and other expenses the Insured becomes legally obligated to pay to implement credit monitoring or other mitigation for persons affected by the breach of private information

If you are interested in our strongest privacy breach coverage, learn more about e-dataRESPONSE+.

Biomedical waste disposal 

Defense for claims against the Insured alleging bodily injury or property damage arising from the Insured's disposal of biomedical waste generated by the Insured's medical practice.

Wrongful contract termination 

Reimbursement of legal costs when a court or arbitrator renders a final ruling that a health care insurer terminated the Insured's provider contract solely because the Insured advocated appropriate medical care on behalf of the Insured's patients.

Office for Civil Rights 

Defense for claims alleging discrimination or unequal access.

Americans with Disabilities Act 

Defense for claims brought by patients alleging violation of the Americans with Disabilities Act in regard to physical accessibility of the medical office or refusal to provide medical professional services to a disabled person.

Emergency treatment 

Payment for emergency treatment expenses, regardless of fault, for bodily injury caused by an accident arising out of care rendered by any individual Insured in the medical office.

OSHA 

Defense in an investigation by OSHA.

Hospital, HMO/PPO, and Local and State Society Peer Reviews 

Defense for claims concerning activities related to peer reviews.

State Licensure and Disciplinary Boards 

Defense for claims initiated by licensure and disciplinary boards.

Professional Review Organization 

Defense for claims initiated by professional review organizations.

RAC Audit 

Defense in an investigation, civil suit or administrative proceeding brought by a state or federal agency alleging improper submission of claims for Medicare or Medicaid reimbursement (commonly referred to as a RAC audit). (Excludes fraud or willful non-compliance with Medicare/Medicaid or other similar statutes, regulations or procedures.)