Coronavirus could affect medical malpractice rates, say experts.

• Author: Greenwald, Judy

The coronavirus pandemic could lead to increased medical malpractice claims, but much remains uncertain at this point, including the possibility of federal and state governments acting to relieve health care provider liability, say observers.

Experts say increased claims could stem from hospital systems' lack of preparedness for a pandemic, their failure to diagnose the disease, coronavirus patients' treatment, patients who are inadvertently exposed to the disease and situations where unrelated procedures are delayed because of the virus.

These experts note the market has already tightened somewhat.

With the situation so much in flux, the outlook is uncertain, say experts. "Quite frankly, it's a struggle because we're not certain where this is going to go," said Martha Jacobs, Pittsburgh-based managing director and national health care practice leader for Aon PLC.

John Geisbush, Phoenix-based managing director, health care practice, for Marsh LLC, said, "It's kind of difficult to make blanket statements. What we can say at this point is the markets in general are not advising us of any restrictions or restrictive limitations at this point.

"Obviously, there's a lot of things in motion right now," he added, however. "This is a unique situation in some ways."

Mike Stinson, vice president, government relations and public policy, for Rockville, Maryland-based Medical Professional Liability Association, a trade association, said, "We've talked to many of our members about it, and it's something they're paying attention to, and focusing on, and taking steps to address as potential issues pertaining to liability that may come up because of the need for health care during the course of the crisis."

Michael Maglaras, Ashford, Connecticut-based principal with insurance and risk management consultancy Michael Maglaras & Co., said if this situation follows what has happened in the past, "we can see claims arising from a failure first to diagnose patients," then a failure to adequately treat them.

Dr. John C. Evanko, chief medical officer for Burlington, Vermont-based med mal insurer MCIC Vermont, a reciprocal risk retention group, said, if many health care systems cancel or delay elective surgery, it may reduce medical malpractice claims, although an economic downturn may increase them.

Health care systems "have to be very judicious and weigh the pros and cons of delay. If it's truly elective surgery, it should be fine," he said.

Mr. Geisbush said at...