TMLT adds employment practices liability coverage to all policies
BY WILLIAM MALAMON A woman claims her male employer (a physician) made several sexually suggestive comments to her during her six months of employ- ment, and he once tried to trap her in an exam room and “proposition” her. A physician disciplines a pregnant employee. The woman sues, claiming her employer was trying to “force her out” in violation of the Family Medical Leave Act (FMLA).
A physician and nurse have a dispute
over the treatment of a patient that turns into a profanity-laden screaming match. The nurse sues the physician for creating a hostile work environment. The area of law that deals with these kinds of events is called employment practices liability. Typical allegations in employment practices lawsuits include harassment, discrimination, FMLA vio- lations, hostile work environment, and wrongful termination. Employment prac- tices claims are not only embarrassing, but also can be expensive to defend or settle. Insurance that covers these types of claims is called employment practices liability insurance (EPLI).
The good news for physicians insured with the Texas Medical Liability Trust (TMLT) is that as of Feb. 1 TMLT added EPLI to all policies at no extra charge. Policyholders will receive information about this new coverage as they renew their policies.
EPLI claim statistics There were about 100,000 employment- related claims filed through the Equal Employment Opportunity Commission (EEOC) in 2012. They totaled $364 mil- lion paid to claimants (excluding awards through litigation). Approximately 30,500 discrimination claims were filed with the EEOC and fair employment practices agencies in 2012.1 Regarding the types of claims, there
were three notable increases in the last two years:
• Discrimination based on religion claims increased from 3,790 in 2010
Deaths
Robert B. Curry, MD, 81; Denton; The University of Texas Medi- cal Branch, Galveston, 1947; died Nov. 26, 2012.
Gerald H. Holman, MD, 83; Amarillo; University of Manitoba, Canada, 1953; died Sept. 19, 2012.
Charles H. Howard, MD, 88; Richardson; The University of Texas Southwestern Medical School, Dallas, 1951; died Oct. 12, 2012.
Joseph C. Neel, MD, 95; Dallas; The University of Texas Medical Branch, Galveston, 1943; died Dec. 6, 2012.
Maria D. Nikolaidis, MD, 75; Porter; Akademia Medyczna, Gdansk, Poland, 1962; died Nov. 19, 2012.
Philip L. Reeves, MD, 61; El Paso; The University of Texas South- western Medical School, Dallas, 1976; died Nov. 6, 2012.
Valerie R. Robinson, MD, 63; Lubbock; Texas Tech University Health Sciences Center School of Medicine, 1975; died Sept. 12, 2012.
Charles A. Spain, MD, 83; Houston; The University of Texas Medical Branch, Galveston, 1954; died Nov. 20, 2012.
James A. Twining, MD, 73; Clear Lake; University of Illinois Col- lege of Medicine, 1965; died Oct. 26, 2012.
Jim L. Walkup, MD, 73; Bellaire; The University of Texas South- western Medical School, Dallas, 1963; died Nov. 15, 2012.
Elgin W. Ware Jr., MD, 88; Dallas; The University of Texas South- western Medical School, Dallas, 1946; died Nov. 20, 2012.
Bernard K. Weiner, MD, 83; San Antonio; Indiana University School of Medicine, 1953; died Nov. 7, 2012.
Jerome J. Wiesner, MD, 95; San Antonio; The University of Texas Medical Branch, Galveston, 1945; died Nov. 4, 2012.
February 2013 TEXAS MEDICINE 11
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