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October 2024 
Tales from the Risk Management Helpline


Table of Contents

About Our Issue

The Value of a Direct Helpline

The ProAssurance Risk Management team is available to our agency partners and insureds via the Helpline five days a week, 8:00 a.m. – 5:00 p.m. local time. They can call us with something as simple as a quick question or as in depth as a research assignment. It is a tool that gives our customers access to an entire team of professionals. That is what differentiates us.

This service is important because it is a measure of our customer service standard and demonstrates one of our collective successes. The Risk team has tangible numbers to demonstrate the difference we are making: "How many calls are we getting?" "How fast are we responding to customers?" "How quickly are we able to pick up the phone and answer the question?" It is not a generic voicemail box or an unmonitored inbox. It is truly monitored in real time.

At a time when other carriers are minimizing their risk management departments or eliminating them altogether, this service stands as a resource for all levels of healthcare practices. Helpline assistance is provided for our ProAssurance partners, insureds, and colleagues in other departments. It has the timely benefits of a call center and is staffed with expert professionals capable of answering a variety of questions. Responding to calls helps our team stay connected and keep a pulse on pressing topics. We are not the ones in the offices or practicing the medicine, so it is a glimpse into what’s going on day-to-day with our insureds. With the Helpline, our department stays current on trends and, with help from our data team, we can synthesize information and identify where we can provide added resources.

Our Helpline has been a little bit of a secret, and now we want to promote it for everyone to see and say, “Hey, we're here to help." ProAssurance insureds are very aware of our service, but we wanted to highlight the Helpline to ensure our agency partners know they can use this tool as well.

 

Who answers the Helpline?

The Risk Management team is composed of lawyers, clinicians, risk managers, and practice managers. If the call representative cannot answer your question, we have a team that will get you that answer as quickly as possible. The Risk Management team may also be the first point of contact for a potential claim. Our staff triages unexpected outcomes such as procedures that do not go as planned. Sometimes we are the first person an insured calls after a unexpected outcome. Our team can involve the Claims department to preserve coverage. Callers may have concerns and feel alone in their situation, and our role is to listen and provide practical guidance in an exceedingly difficult moment.

Advice Helpline Response Time through Q3 2024
Immediately (e.g., answered the phone) 66.2%
Within two hours (e.g., email response or voicemail message response within two hours) 17.6%
Within four hours 3.9%
Same business day 4.9%
Within 24 hours  6.2%
Longer than 24 hours  1.2%

 

How does the Helpline work?

At its core, the helpline is a call tree through Zoom Contact Center. It is a straightforward process for staff to sign in and select “ready” or “not ready.” Once in ready status, a risk consultant can begin receiving calls through our helpline. The software tracks how long someone has been ready and routes incoming calls to the person in the ready state the longest. Calls are routed not by area code or region but by who is currently available. We do not have a call schedule or calendar. Each employee in Risk Management is to be available outside of meetings during work hours.

If an insured prefers to email rather than call, the emails go to a designated inbox (RiskAdvisor@ProAssurance.com). The administration team then routes the question to the appropriate region.

We log all calls and emails with information such as name, location, contact information, specialty, summary of call, time to respond, policy number, and resources provided. These details are logged through Microsoft Forms and are maintained on a running list, pulled weekly, of all department calls or emails.

Does the Helpline aid in getting ideas for educational materials?

The helpline calls are a great database for our team to review and determine where we need new content or where a trend may be developing. Often on our helpline calls we are able to share our other resources including educational programs or our Annual Baseline Self-Assessment (ABSA). We look at helpline categories and volume to address new questions to put in the ABSA and determine what seminars we want to develop. This also helps guide us on what sample forms our insureds need. All our calls help us see how we can keep progressing and remain relevant to our customers.

Looking at the Big Picture

As you explore the cases we share throughout this issue, remember this: Behind every case is a Risk Management consultant building a relationship with an insured while they work together to overcome difficult, scary, strange, or even just everyday challenges.

If you have a question you would like to discuss with a Risk Management consultant, email RiskAdvisor@ProAssurance.com or call 844-223-9648.

The Helpline is actively monitored by live personnel Monday through Friday, 8 a.m. - 5 p.m. local time.

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Tales From Helpline Veterans

Tales from Helpline Veterans

Compiling Years of Experience Assisting Our Insureds

We sat down with two Helpline veterans, Southeast Senior Risk Management Consultant Joanne Simmons and Southeast Regional Risk Manager Bradley Byrne, to get their firsthand accounts. If their experiences are any indication, time spent on the Helpline is one of the most rewarding parts of being a ProAssurance Risk Management consultant.

Part counseling session, part sounding board, the Helpline is a place for building relationships while the Risk Management consultant helps the insured solve a problem.

When Brad transitioned into a management role, one of his biggest worries was whether he’d have to scale back his time on the Helpline. “It's probably the most fulfilling part of what we do. You build relationships with the callers, especially those in the smaller groups who might not have in-house resources. But even people at hospitals get accustomed to calling you.”

Joanne echoes Brad’s sentiment. “Sometimes you just listen to them because they’re upset. We offer support and assist them in working through the situation with understanding and expertise. We will do everything we can to help mitigate potential risks. We may also discuss first notice of incident or claim reporting. I think that’s reassuring to them.”

The calls are wide-ranging. Sometimes it’s a doctor looking for advice on how to tell a family that there was an error in reporting lab results. There are also instances of practices calling to find out their options for handling a violent patient.

The relationship building aspects of the Helpline aren’t limited to callers, either. Brad and Joanne have both experienced its team-building impact across the wider Risk Management department. The team discusses calls at their meetings, pick each other’s brains, and stay updated on cases they may encounter. As a lawyer, Brad appreciates the wealth of clinical experience on the team. “We tag team a lot. I've learned a little bit of the clinical side, but the team is loaded with skilled clinicians, and I don’t hesitate to bring them into a call. Having experienced clinical and legal professionals collaborate on issues has been extremely effective. Our insureds really appreciate having those perspectives.”

Another aspect of the Helpline that may not be immediately obvious is its impact on other areas of Risk Management. As Mallory noted in her introduction to this issue, the Helpline’s reporting system helps the content team assess which issues are being seen and how often. This helps them identify the need for new content offerings such as checklists or sample forms for sending to insureds or to guide Helpline consultants. Joanne shared one such example about an ob-gyn who wanted to expand into ketamine infusions. As Joanne describes it, “A lot of questions came up in that consultation, so we took those questions and developed a content bundle internally to guide consultants on subsequent calls.” That proactive approach bore fruit, Joanne continued, “when a Risk Management consultant in Texas got a call about a doctor who wanted to do the same thing I was able to share that information.”

Relationship Building on the Helpline — Field Notes from Joanne Simmons, Southeast Senior Risk Management Consultant

A particularly poignant example of relationship building on the Helpline is Joanne’s heart-wrenching story about a young doctor who became seriously ill himself and was struggling to treat his patients. Joanne noted that it is not uncommon in a small practice that the physician does not have a practice manager, and often the physician’s spouse takes on the administrative role. That was what occurred in this situation.

“He’s the only provider in a small town and had no one to transition his patients’ care to. His biggest concern was making sure his patients received the care they needed, that they were taken care of. Brad and I had a conference call with the doctor and his wife that was very emotional. His wife was really the only one who could try to figure out what to do with the patients. She had no idea where to begin so we made a plan prioritizing the steps she needed to take to safely and according to state laws notify patients and begin the process of closing his practice. It was a very difficult situation. Totally overwhelming, in addition to having to deal with the sudden illness of her husband.” Joanne stays in contact, sometimes calling her just to check in and see how she’s doing.

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Navigating Complex Ethical Dilemmas — Field Notes from Bradley Byrne, Southeast Regional Risk Manager

“I was contacted by an in-vitro fertilization (IVF) clinic with a unique situation. A lesbian couple, both of whom are deaf, requested that donor sperm from a deaf man be used for their IVF treatment to increase the chances of conceiving a deaf child. This request presented a complex ethical dilemma. On one hand, intentionally facilitating the birth of a child with a legally recognized disability might place physicians in a challenging position from a medical ethics standpoint. On the other hand, is it discriminatory to deny such a request? In researching this issue, I found a surprising amount of academic literature on the topic. Many individuals who are hard of hearing do not consider themselves disabled. Instead, they view their condition as a ‘non-traditional’ lifestyle and often prefer that their family aligns with that lifestyle when possible.”

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Risk and Reward

Risk and Reward: Mallory Earley’s Experience on the Helpline

What is the most challenging aspect of the Helpline?

The hardest part for me is not knowing what the callers decide to do. At the end of the day, we give them options. There may be some instances we are able to give a definitive answer, but so much of the advice is usually on a spectrum of options. The hardest part for me is not knowing the outcome, because rarely do they call back and tell us how they resolved the issue. We give our advice and our resources, and then insureds are equipped to make their own decisions. But I often want to know what happened.

What is your favorite kind of call to get?

I enjoy the calls in the gray area, but my favorite are the ones with options. I like providing a sliding scale approach for the callers. Giving someone a choice of the most conservative approach to the most extreme is a great way to share our knowledge, without telling a practice what to do.

I really like making personal connections with our insureds and partners. I love the frequent callers who ask about my family and have gotten to know me and vice versa. I have built relationships with insureds based on the trust created on the Helpline. I make it a personal policy to give all callers my email address and phone numbers. This practice shows my commitment to help and the appreciation we have for our customers. My favorite calls are the ones that are not just a transaction but are a meaningful interaction.

What is the most meaningful part of the Helpline to you?

The most meaningful part of being on the Helpline is that our staff and I feel the connection to others. Many of our team members come from various backgrounds involving helping medical professionals in some way or another. This value is at the heart of our Helpline and what makes it one of my favorite services we offer.

I enjoy the Helpline because it is a chance to continue to grow and learn in the medical malpractice liability space. Each call is unique and presents challenges and circumstances that allow our team to continue learning and growing each day. No two calls are identical. The rush we get from helping our insureds and partners is a great feeling.

Field Notes from Mallory Earley, Director, Risk Management.

When Online Dating and Patient Care Collide

“There was a call from a concerned doctor. He had matched with a current patient through an online dating website. The doctor did not pursue the match, but the matched patient scheduled an appointment with the doctor specifically at his practice. The doctor had already told the patient he did not want to pursue the match, and he called our Helpline as he was now concerned about his ongoing treatment relationship with the patient and his obligations to that individual in light of the uncomfortable circumstances. Our general advice was to terminate the patient from the practice to avoid any accusation of an improper relationship as there had been an obvious breakdown in the physician-patient relationship.”

Competing Interests and Patient Privacy

“Another interesting call was about a mother who wanted medical records from her deceased adult daughter’s ob-gyn provider. This was complicated because HIPAA privacy survives the death of a patient, meaning a practice cannot hand over medical records to just anyone. The risk management advice to the practice was to determine the patient’s marital status at death to see who the proper personal representative may have been and if there was an estate. It was discovered the patient’s mother needed the medical records as she was the listed beneficiary on the deceased patient’s life insurance policy. The complicating factor was that the deceased patient had been newly married, and there was concern over who should receive the death benefits—the mother or the new spouse. Our team was able to advise the practice what documents to review, what questions to ask of the parties involved, and options of how to handle the request. Ultimately in this situation, the practice was not necessarily required to provide the medical records, so our team was able to help prevent a HIPAA breach.”

Learning on the Job

“I had been at ProAssurance for six months and had been trained for the phones. An ob-gyn practice called me about concerns regarding a demanding patient who wanted to have a VBAC (vaginal birth after cesarean). As a non-clinician, I had no idea what a VBAC was, so I quickly began scouring the internet to determine our risk management position on this issue. It is now a call I laugh about and realize that I never stop learning when I answer the helpline.”

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Helpline Experiences

Barb Linder, Senior Risk Management Consultant

What is your favorite type of call?

Any call where I feel I can listen, provide options, and give recommendations with supported research/education so the physician or practice manager can make an informed decision to decrease their risk while providing excellent care.

Are you a go-to subject matter expert (SME) on a particular topic?

I am not sure I am an SME, but I feel I learned a lot from working as a Risk Management consultant, writing policies and procedures, doing root cause analysis, process improvements, dealing with daily issues within an organization. I think it is constantly changing and evolving and would be hard to be an “expert.”

What is a service you wish more people knew Risk Management offered?

Our ability to do on-site risk assessments to help identify gaps and promote patient safety and minimize risk.

What kind of calls are you seeing more frequently?

How to terminate a patient from a practice. I think this speaks to the increase in healthcare violence, and we are working to provide more resources and education for de-escalation prevention in 2025.

What is your favorite type of question to research?

When a practice calls asking for advice or information on improving a process or making it safer for patient care.

The Impact of State and Federal Law on Risk Management — Field Notes of Barb Linder

“I was on a call with a doctor who wanted to report the HIV+ status directly to the partner of a pregnant patient (the baby’s father) who the patient had not yet told she is HIV+. I shared with the doctor the relevant portions of the Texas Health and Safety Code and an email with my recommendations and the options available focusing on doing what the doctor thought was ethically correct. In the email I identified the Department of Health Services and their partner program as a disclosure option as well the option to not disclose. I feel like I helped the doctor prevent a HIPAA breach and maintain the provider-patient relationship while doing what the doctor thought was ethically correct.”

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Laurette Côté, Senior Risk Management Consultant

What is your favorite type of call?

When physicians contact our department with an uncomfortable patient scenario. My goals are to understand the entire situation, answer specific questions, and by the end of the conversation assure the insured understands they are not alone, is provided resources, and, if needed, that they know we are easily accessible if any other questions arise.

Are you a go-to subject matter expert (SME) on a particular topic?

For Wisconsin and Ohio insureds, I have regional expertise across the specialties, practice, and hospital administration and management.

What is a service you wish more people knew Risk Management offered?

Internal claims stats that we can use in education. I would also love to see more invites to renewal meetings for hospitals and impact accounts with the goal of sharing risk management services and interactions with particular items for the account.

What kind of calls are you seeing more frequently?

Unhappy patients, clinical occurrences, advanced practice providers expanded scope of practice, and associated liabilities with collaborating physicians.

What is your favorite type of question to research?

No limits. I’ll take it all.

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Field Notes

Jennifer Freeden, Regional Risk Manager, Southwest

Specialty Center Help with Acquisition and Disclosure

“An agency partner called on behalf of a large insured pathology center with two issues. They first requested best practices and rules to follow when transporting specimen samples to a newly acquired facility across the street. They also requested next steps regarding disclosure, peer review, and potential claims regarding a newly discovered misdiagnosed sample from years prior.”

Meta Posts Spreading False Accusations

“The practice manager of an insured pediatric office called the Helpline because an anonymous individual sent a text message to the office’s marketing director. The text included two screenshots of a Meta post from a confirmed active account accusing a group pediatrician of having caused the death of a three-month-old baby and was facing multiple lawsuits, which the practice manager said was untrue. They were advised not to respond to the post or text message. We forwarded the issue to our Claims team, as the group wanted an attorney to assist in having the post removed.”

Late-Term Pregnancy and Refusal of Care Recommendations

“An insured ob-gyn is a director of a birthing center and had a high-risk hospitalized patient, whom the center had managed. The patient was 41.5 weeks, with diabetes mellitus and decreased amniotic fluid, and was refusing induction, C-section, and all fetal monitoring. We provided guidance on the informed refusal process and form, documentation, involvement of a hospital ethics committee, and reconciling her birth plan to her current preferences.”

Consulting on a Difficult Case and Patient Termination

“An insured surgeon followed up about a previous inquiry regarding a deaf patient harassing and making threats and complaints, demanding both an in-person interpreter and visits sooner than available. The insured contemplated patient termination from the practice. We discussed the full process, including attempting to salvage the relationship. We also provided ProAssurance resource materials. We found out later that the patient did, in fact, file an Office for Civil Rights complaint, resulting in the insured wanting to terminate the relationship. We responded to the insured and instructed them to hold off on termination and forwarded the issue to our Claims team, who confirmed counsel was assigned.”

Concerns about Termination of an Aggressive Patient

“I spoke with a practice manager and insured cardiologist about a patient whose daughter was aggressive, using profanity, yelling, and accusing staff and providers of fraudulent notes. The practice wanted to terminate. The patient was not considered stable because of a cardiac condition, but she refused recommended interventions. We discussed the concern of patient abandonment optics, patient safety, documentation, and termination approach. I provided a summary email and sample forms and referred the practice manager and the cardiologist to our Claims team.”

Guidance for Termination of a No-Show Patient

“Sometimes it’s the lack of a patient that is concerning. I once had an insured from a pediatric practice call who was concerned about a newborn patient who had no-showed their first appointment four times. The insured explained that the mother of the patient was hard to contact and did not respond to outreach. Because care had not yet been established, the practice wanted to dismiss the family from the practice and was seeking guidance.”

Transferring Edited Medical Records?

“I received a call from an insured who had a disgruntled patient seeking care at a new practice. The patient was requesting the insured forward a copy of the medical record to the new practice but not release any records related to drug use, psychiatric history, or sexual history. The records contained many references to all these things, which were still relevant to care.”

APRN Writing Unauthorized Prescriptions in Physician’s Name

“An insured hospital employed a physician who saw patient residents in a nursing home. The skilled nursing facility employed an advanced practice registered nurse (APRN) who was writing orders using the physician’s name without the physician's knowledge or a collaborative agreement between the two. The hospital requested guidance before meeting with the facility.”

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Michele Crum, Regional Risk Manager, Northeast

Mourning an Insured and Helping a Daughter in Need

“A young woman called the Helpline. When I answered, she said she was calling on behalf of her father, our insured, who passed away the night before. She was looking for information on closing his practice and what all was needed to close his insurance policy with us. Of course she was tearful, so I spent a few minutes to allow her to catch her breath, share my sympathies, and provide information to her in bitesize pieces. When I looked up her father’s policy, the first thing I noticed was that two days later, three days after his death, was his birthday. We discussed the ups and downs of losing a parent so close to another milestone day. Allowing her to share stories and the hardships she was facing in the next few days was very satisfying for her. I was able to also give her the information about closing his practice and was able to notify Underwriting for her about her father’s death. When you pick up a call, you don’t know what the issue is on the other side, but this day, I was glad to have answered and mourn a man I never met with a daughter I never met.”

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Anne Marie Lyddy, Senior Risk Management Consultant

Duty to Warn vs. HIPAA After Patient Brandishes a Gun

“I once took a call from a distraught therapist who was threatened with a gun. During a counseling session, the therapist’s patient brandished her police officer husband’s service revolver that she had taken from an unsecured gun safe while he was sleeping. The patient threatened the therapist, and while she was able to talk the patient into putting the gun away, she felt that the patient posed a threat to herself, the therapist, and possibly to others. The therapist made the requisite report to the practice but wanted to know if she could call the police, or was she bound by confidentiality. I was able to confirm that 'Duty to Warn' supersedes HIPAA and she should report the event to law enforcement and to the husband who should know what his wife had done. I double-checked state law for any nuance and was able to advise the therapist appropriately.”

When You Realize a Tinder “Friend” Is Your Patient

“I once had a call from a psychiatrist who realized his new Tinder interest was also his patient. Curious how that was possible, he explained that they had had multiple text/email encounters before they shared pictures. Once the physician saw the picture, he recognized his patient. The physician appropriately ended the ‘relationship,’ transferred the care of the patient to a colleague, and called us for moral support.”

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Stacy Stauffer, Senior Risk Management Consultant

Mother of Patient Tips Doctor in Cash, What Now?

“I know I have had several memorable calls but sometimes the details fade over time. I distinctly recall one where the mother of a 19 -year-old patient with an eating disorder slipped cash into the pocket of the doctor’s coat and would not take it back. They tried to issue a refund; I think because they wanted it to be correctly recorded in their system. The doctor was worried about the fact that the parents were interfering with the patient following the court’s orders and whether they had a duty to report to anyone. In a way, there was no real resolution other than they were not required to report anything to anyone, as the patient was 19 and it was not their responsibility to assure compliance with the court orders.”

Employee & Patients in Embezzling Scheme. Termination: Yes or No?

“I recently took a call where one of the insured’s employees is accused of and being investigated for committing embezzlement against the practice. Several of her relatives are patients who they believe are also involved in the scheme. The practice wanted to know if they can discharge the relatives as patients. The police did get involved, and I told the healthcare professional they can discharge the patients but still need to provide information on how to get medical records and details like that. That was kind of an unusual one.”

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Katie Theodorakis, Regional Risk Manager, West

Compassion and Advice for a Young Surgeon After an Unexpected Outcome

“I can honestly say that the calls that touch me the most and where I feel the most valued are the calls from physicians after an unexpected outcome where their patient suffered harm. They are experiencing many emotions including shock, frustration, fright, self-deprecation, and, most of all, concern for their patient. Although I have taken many such calls through the years, I specifically remember a call from a young surgeon whose patient suffered a complication during a procedure. I spent over an hour on the phone listening to the physician. Of course, we talked about risk management actions such as talking to the family and documentation. I also brought in a Claims specialist at the end of our conversation to further assist the physician. However, what I remember most is that I simply listened as he talked and tried to reassure him when I could. Even though in the physician’s opinion he was not negligent, it still greatly affected him, and he was devastated. He even mentioned that he was not sure if he could continue practicing. He thanked me and said that he felt better after our call. I’m not sure if he was just saying that to be nice, but I hope it was true.”

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ABSA Insights

ABSA Early Results Shed Light on Overall Perception of Patient Safety 

Since the Annual Baseline Self-Assessment (ABSA) launch in January 2024, over 400 medical practices have started the self-assessment process, with more than 2,200 individuals completing the survey tool. This influx of data is providing valuable insights for our Risk Management team, highlighting ways we can better support medical offices in their risk management efforts.

The early findings from our ongoing assessment of medical practices' risk management systems have revealed a potential trend related to employee tenure. By categorizing responses according to the respondents' service length, we gain insights into how experience in a practice influences perceptions of its risk management effectiveness. One observation is that employees with the longest tenure—11 years or more—are the most likely to rate their practice's risk management systems as "Excellent," with 46% of this group giving the highest possible rating. This suggests that long-serving employees may have a better understanding or greater confidence in the risk management protocols in place.

Conversely, employees with less than two months of service are the least likely to rate the systems as "Excellent," with only 32% doing so. This group also reports the highest percentages of "Fair" and "Poor" ratings (12% and 2%, respectively), indicating that newer employees might require more time or training to appreciate or align with the established risk management practices. This shows the need for ongoing training and support for employees at all stages of their careers, particularly in the early months, to ensure they are fully equipped to engage with the practice's risk management strategies.

Guidance for Agents: When discussing risk management with clients, it's crucial to consider how employee tenure might influence their internal evaluations of risk management systems. As professionals in this field, you can encourage practices to invest in regular training and engagement initiatives for newer employees to bring their understanding and confidence in line with those of more seasoned staff.

ABSA Insights Chart

For information on the ABSA, click here.

About ABSA Insights

ABSA Insights shares anonymous data gathered from ProAssurance’s Annual Baseline Self-Assessment—allowing the Risk Management team to share trends, points of interest, or potential areas of improvement with you and your clients.

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Mastering the Art of Telling Clients No

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Salespeople bend over backward like human pretzels when trying to please their healthcare clients. But every now and then, even the most valued customer throws a curveball with an outlandish or downright inappropriate request. And when that happens, you might need to do the unthinkable: tell them "no." Yes, you read that right—sometimes, saying no is necessary, even when your inner sales voice is screaming, "But I want the business?!"

During my medical sales career, I encountered many eyebrow-raising requests from doctors. Here are a few gems:

  • A surgeon invited me out for cocktails and then hammered me for private information about a competing surgical practice I did business with.
  • A surgeon asked me to donate a $6,000 instrument to implant a competitor's products. I'd earn a grand total of zero dollars, but he said he'd remember the favor.
  • Surgeons frequently asked for customized instruments, which cost thousands of dollars and took months to deliver—without any guarantee they’d even use them! It was as if I had a magic wand to wave instruments into existence.
  • Some doctors expected sales reps to buy lunch for the entire office staff just to get two minutes of their time. It costs less to schedule an appointment as a patient!

Keep Your Cool and Listen

You might feel like your head is about to explode when you hear requests like these. Your impulse may be to scream, "Really?!" But that's neither professional nor helpful. The first rule is to keep calm and show that you heard the request.

Clarify and Summarize

One of your go-to moves when dealing with a client's requests or concerns should be ensuring you understand them by summarizing: "Doctor, to make sure I understand your concerns and needs, am I correct in understanding you need or want me to...?" Once they either confirm or correct any misunderstanding, ask clarifying questions to grasp the full scope of the request. This also allows the person to realize their request may be outside of the bounds of your professional relationship.

Present Your Perspective

If they fail to recognize their request is unreasonable, present your perception and explain why you can't honor it. For example, when the surgeon asked me to share private information about another surgical practice, I responded, "Doctor, whatever you share with me about your practice stays between us. I would never violate your trust by sharing your information with anyone else. Similarly, I can't share information about another practice with you. I hope you respect that."

Offer Alternatives

The next step is to show that although you can't do what they asked, you still want to help. Ask if there is something else that you can do. If you need more time to consider their request, ask for it. Then, seek counsel from colleagues or management to ensure you've explored all possible options.

Show Appreciation

When you follow up, regardless of the outcome, show appreciation for the opportunity to serve their needs (even if it means gritting your teeth behind your smile). When selling in a limited market, a primary business goal is to build or preserve relationships, even when your gut instinct is to run.

Saying "No" Is Sometimes Necessary

When you work in a highly regulated industry like MPL insurance, there are times when you must deny customer requests. In the end, sometimes saying "no" is the best way to say "yes" to a healthy, professional relationship. And if all else fails, there's always chocolate.

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Written by Mace Horoff of Medical Sales Performance.

Mace Horoff is a representative of Sales Pilot.  He helps sales teams and individual representatives who sell medical devices, pharmaceuticals, biotechnology, healthcare services, and other healthcare-related products to sell more and earn more by employing a specialized healthcare system.

Have a topic you’d like to see covered? Email your suggestions to AskMarketing@ProAssurance.com.

 

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Our Top ASHRM Campaign Engagement Numbers

823 total badge scans
657 photo opportunities of visitors taking photos with our shark at our branded San Diego-themed photo spot
185 guests attended our event at The Deck at Moonshine Flats in San Diego’s Gaslamp district
75 estimated people attended our Risk Management conference session
  • About the ASHRM Conference
  • The Marketing Campaign
  • About the ProAssurance Exhibit
  • The Deck at Moonshine Flats

About the ASHRM Conference

  • The ASHRM Annual Conference was held in San Diego October 6-8.
  • There were 63 exhibitors (66 in 2023 and 68 in 2022).
  • Three vendors were familiar to ProAssurance exhibited: Preverity, Origami Risk, and Relias.
    • Origami Risk will be increasing from a 10x20 to 20x20 island for 2025.
  • There were 15 conference sponsors from the insurance industry, including WTW, Chubb, Marsh, Gallagher Bassett, USI, and Physicians Insurance.
  • 1,319 attendees were on the pre-conference attendee list provided by ASHRM on 9/16/2024.

The Marketing Campaign

  • Custom promo ordered:
    • 1,400 pairs of socks
    • 400 Koozies (2 designs)
    • 410 coasters (customer appreciation event invite)
    • 700 stickers (3 designs)
    • 375 pins (3 designs)
    • 300 neck gaiters (2 designs)
  • 1,460 pairs of socks sent for the “one sock” trick (1,400 singles for bag, 1,400 singles for booth, 60 pairs for agency partners and/or insureds).
  • Two pre-conference postcards:
    • One sent to 244 insureds within a 50-mile radius of San Diego
    • One sent to 1,261 attendees on the pre-conference registration list (those who opted in)
  • Two pre-conference email invites sent to 27 agency partners either attending the conference or planning to be in the area.
  • Two reminder emails sent to Customer Appreciation Event RSVPs.
  • 7 social media posts totaling 139 likes, 16 reposts, and 1 comment.
  • Three GroupNet pre-conference posts.
  • One customer appreciation event held at The Deck at Moonshine Flats.

About the ProAssurance Exhibit

  • 823 total badges were scanned out of 1,319 attendees (up to 62% of attendees visited our booth based on the pre-conference list opt-in).
  • Six ASHRM team or board members stopped by the booth to compliment our campaign or thank us for attending.
  • Two attendees showed up wearing our Boston socks from ASHRM 22.
  • One backwall booth graphic provided for a photo spot.
  • One shark mascot swam around the photo spot to take pictures with visitors.
  • 657 people took photos in front of the themed backwall.
  • 20 people at one time was the largest group that took a photo.
  • At least 15 attendees or companies posted their photo to the ASHRM24 LinkedIn hashtag with the shark or the booth backwall.
  • Two attendees changed their session schedules because our booth was so entertaining they wanted to sit in on Aaron and Mallory’s session.
  • One attendee stopped by the booth to tell us how great Aaron and Mallory’s sessions was.

The Deck at Moonshine Flats

  • 166 attendees and ProAssurance staff RSVP’d for our event.
  • 180 people attended, including ProAssurance staff.
  • The event space and 12 TV screens showed the ProAssurance-branded image next to playoff baseball, two musicians entertained the crowd, two bars, five video games (PacMan was the crowd favorite), one shark danced around and played Jenga with the attendees.

Shark Adventures

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ASHRM Annual Conference 2025 – Charlotte, NC

  • September 28-30, 2025, in Charlotte, NC
  • 2,384 miles between the 2024 and 2025 convention centers
  • 539 – our booth number for 2025
  • 400 sq ft. – our booth size (island)
  • 23 exhibitors currently signed up for 2025
  • 29 – Our 2025 Customer Appreciation event is on Monday, September 29
  • Two – minutes to walk between convention center and NASCAR Hall of Fame, our 2025 event venue
  • 14 – number of locations researched before selecting NASCAR HOF

See you there!

New Litigation Stress and Burnout Bundle

ProAssurance offers a new Litigation Stress and Burnout resource center for physicians and other members of the healthcare team.

View the bundle on the Risk Management website.

About the Resources

Stress—whether it is situational or long-term (commonly referred to as burnout)—is an ongoing challenge for practicing physicians and healthcare professionals. Working conditions including staff shortages and heavy workloads, and the reality of a litigious environment, can all contribute as ongoing stressors in healthcare settings. The National Institute for Occupational Safety and Health (NIOSH) and other organizations have been instrumental in raising awareness about workplace stress. These groups are prescribing actionable approaches for healthcare leaders and organizations to help them improve well-being for workers.

The bundle includes a wide variety of resources including videos, podcasts, articles, complimentary books, and more to help healthcare providers address litigation stress or burnout in the way most relevant to their situation. Additional resources continue to be added to the bundle. If you have recommendations for options, share with the MPL Risk Management team at RiskAdvisor@ProAssurance.com for consideration.

Gita Pensa, MD

The bundle features Dr. Pensa's podcast and counseling services as a potential resource for physicians experiencing litigation stress.

Gita Pensa, MD, is an emergency physician practicing in Rhode Island since 2001. She graduated from the University of Pennsylvania School of Medicine (now Perelman School of Medicine) in 1997. She continued to residency at the combined George Washington/Georgetown Emergency Medicine Residency in Washington, D.C., graduating as Chief Resident in 2001. She worked in community emergency medicine for 13 years before joining the faculty at the Warren Alpert Medical School of Medicine of Brown University in 2014. She is currently an Adjunct Associate Professor in the Department of Emergency Medicine.

In addition to physician defendant well-being coaching and consulting, Dr. Pensa was the host and editor of AEM Early Access, a research podcast of the Academic Emergency Medicine journal, through 2024. She is also a regular contributor to Emergency Medicine Reviews and Perspectives and the co-host of its UC Max program. At the medical school at Brown University, she served as a Mary B. Arnold Longitudinal Mentor to over 40 medical students yearly until 2022.

ProAssurance may refer clients experiencing litigation stress to Dr. Pensa for counseling services at the discretion of their MPL claims representative.

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