A DPM's Guide to Overcoming Med Mal Coverage Roadblocks
If you're a podiatrist who's hit a bump in your malpractice insurance search, you're not out of options. Maybe a carrier chose to non-renew you. Maybe you're dealing with an open claim, a board inquiry, or a gap in coverage. Whatever the roadblock, it can feel like the walls are closing in on your ability to practice.
Here's the good news: DPMs with complicated histories get covered every day. The market for podiatric malpractice insurance is more nuanced than a simple "yes" or "no”. Carriers are constantly weighing risk, and a roadblock in your history doesn't mean you're uninsurable. It means you need a more strategic approach to your market search. Let's break down why these coverage obstacles happen, how they impact your options, and how to find a carrier that will back you.
Why Carriers Non-Renew Podiatrists
A non-renewal is a data point, not a life sentence. It's a business decision on the carrier's side and needs to be approached as such.
Here are a few common triggers for non-renewal:
Individual claims history. If you’ve experienced claims more frequently than average and/or have had a large payout, you may no longer be a profitable risk to insure.
Board action. A licensure inquiry, reprimand, or disciplinary action can prompt a carrier to reassess your file at renewal.
Change in venue. Moving into a riskier setting like skilled nursing facilities or long-term care, for example, can cause your carrier to be unwilling to maintain coverage.
Progressive or unusual practice profile. Adding advanced surgical procedures, expanding scope, or building a practice that doesn't fit a carrier's typical podiatry appetite can make pricing and terms more challenging. Carriers may choose not to renew rather than get creative.
Here's what matters most: When you apply for coverage, expect carriers to ask why you were non-renewed. Having a clear, honest, well-documented answer makes an enormous difference in how the next carrier reviews your file.
How Claims History and Board Actions Affect Your Options
Claims and board actions are two major variables underwriters weigh, but they don't disqualify you outright. What matters is context.
Claims history. Underwriters look at frequency, severity, and dollars paid out. Keep in mind that dollars paid out includes defense. Just because a claim closed with zero indemnity doesn’t mean it didn’t cost an insurance company a lot of money to defend. If you've experienced a claim, be ready to walk through what happened, what has changed in your practice as a result, and how you've mitigated similar risk going forward. Taking accountability is key.
Board actions. A licensure action can complicate your market search. Some carriers will decline outright; others will underwrite you but at a higher premium or with specific exclusions. The key is disclosure. Every application asks about board actions, and underwriters have ways of finding out even if you don't report them. Omissions or inconsistencies are a far bigger red flag than the underlying action itself.
The Risks of Going Bare and How to Avoid It
Some podiatrists choose to go uninsured, or this happens unintentionally when moving or changing positions. Here are the risks of going bare:
Future applications get harder, not easier. A gap in coverage is itself a red flag to future carriers, compounding whatever roadblock caused the gap in the first place. Some carriers may decline automatically or apply a surcharge.
Hospital and facility privileges often require proof of coverage. A lapse can mean losing admitting or surgical privileges, even temporarily, which disrupts your practice and your patients' care.
You identify as high risk. By creating a gap in coverage, you’re conveying to future insurance companies that you take on undue risk.
The Path to Finding a Carrier Who Understands Your Story
Not every carrier writes every risk, and there are segments of the podiatric malpractice marketplace that specializes in complex histories.
The path forward usually looks like this:
Get the full picture first. Pull your NPDB Self-Query, gather claims history, and collect any documentation tied to a board action or non-renewal.
Build the narrative, not just the file. Underwriters respond to context. A one-line disclosure reads very differently than a clear explanation of what happened, what you learned, and what's different now.
Work with L&J Insurance Services. Podiatrists with a complex personal or professional history are an area of specialty. We have been working with providers who need custom medical malpractice solutions for over 40 years. Let us map out your path to the right coverage.
You're Insurable
A non-renewal, a claim, a board action, or a coverage gap can feel like a dead end. It's not. These are common, well-understood risk factors in the podiatric malpractice market, and there are carriers actively looking to write DPMs with exactly this kind of history.
If you've hit a roadblock, don't go it alone. Reach out today.