Socializing and improving safeguards against liability
Social media presents unique risks for health care professionals, making well-crafted policies essential to mitigate growing liability concerns.
Physician’s Weekly presents a podcast series offering fresh perspectives and expert advice from medical professionals across the healthcare field. Recently, podcast host Dr. MedLaw dove into practical approaches for physicians to minimize liability risks related to social media use.
Written policies should address key issues like HIPAA compliance, patient confidentiality, and prohibited activities, including “friending” patients. Training staff on these policies is also critical, as unintentional breaches can have significant repercussions. Additionally, legal and HR consultations help align social media rules with labor laws, while carrying cyber liability insurance adds another layer of protection.
The podcast encouraged practitioners to “vet your social media policy with an attorney who’s knowledgeable in medical practice and labor law, and ideally with an HR professional as well.”
These precautions highlight the need for medical liability reform to anticipate non-traditional changes in medical practice and communications. Without updated laws to address evolving online dynamics, health care providers face disproportionate risks for actions unrelated to direct care. As digital interactions grow, ensuring that liability protections reflect these realities is the only way to continue supporting physicians and access to care.
Implementing robust social media policies not only safeguards against liability but also strengthens trust with patients in a digital age. To read the transcript or listen to the podcast, click here.
The double-edged sword of digital health care
The rise of digital health services and telemedicine are reshaping health care – and may be opening up new liability risks for providers.
QBE, a global insurance leader with a U.S. practice, surveyed insurance brokers specializing in health care liability, with a focus on medical and allied healthcare liability.
As digital health services become more prevalent, coverage gaps are emerging. A significant 84% of insurance brokers express at least some concern that health care clients may lack the proper insurance to address these growing risks.
The study found that 63% of insurance brokers report that providers are “extremely” or “very” concerned about emerging risks from digital and AI initiatives, such as inadequate care, technology failures, and cybersecurity breaches.
“Our goal was to understand how clients perceive these risks and their insurance needs,” said Chris Dunlavy, QBE’s VP of underwriting. Only 51% of policies explicitly cover digital health risks, and 30% of providers were unaware coverage was available.
These gaps, combined with increasing claims and cybersecurity incidents, underscore the urgent need for providers to reassess their liability coverage, and for reforms to evolve with changing practice and patient needs. Click here to read the report and learn more about actions physicians can take to bridge these gaps and advocate for change.
MPL Association warns of ‘back to the future’ of liability cases
The medical liability landscape is shifting, and not for the better. Claim severity—the cost of settlements and judgments—is on the rise, signaling a potential repeat of past crises that rattled the industry.
According to the MPL Association, a combination of economic inflation, aggressive legal strategies, and massive jury awards are fueling this troubling trend.
“We’re seeing damages climb to unprecedented levels,” write Brian S. Kern, Esq., and Bill Burns, ACAS, MAAA in an Inside Medical Liability feature story, attributing much of the surge to the erosion of reforms that once stabilized the system. Reasonable limits on non-economic damages and statutes of limitations—key tools for curbing medical lawsuit abuse—are increasingly targeted by personal injury attorneys.
These attacks threaten to undo decades of progress. Without these safeguards, insurers could face unsustainable costs, leading to skyrocketing premiums and reduced coverage for health care providers. The ripple effects on the industry could impact access to care, particularly in high-risk specialties like obstetrics and neurosurgery.
The MPL Association warns that rising claims and swelling legal challenges suggest another crisis is on the horizon. Stakeholders must advocate for stronger liability protections and modernize policies to address the shifting landscape.
“Nuanced rules of litigation are again being stacked in favor of plaintiffs and the next storm is gathering,” caution Kern and Burns. “Thus far, the MPL industry has weathered it, but changes need to be made before it is again under water.”
Health care providers, insurers, and policymakers need to act swiftly to protect the stability of the liability environment and ensure fair access to justice. Click here for more details on this pressing issue.