New Product Available: Reproductive Health Defense Protection

The Doctors Company is committed to ensuring your medical professional liability (MPL) clients have access to the best reproductive health defense coverage on the market. We’ve listened to suggestions from our agents/brokers and members and are pleased to inform you that TDC Specialty, part of TDC Group, now offers a Reproductive Health Defense Protection product. This coverage protects healthcare practitioners against legal allegations when they maintain their actions complied with an established standard of care.

In a post-Roe world, healthcare professionals struggle to provide standard medical care in states with reproductive bans, potentially leading to delays and drastic health outcomes. TDC Specialty realized the uncertainty regarding exactly whether treatment is legal or criminal, especially when a patient urgently needs emergency reproductive care. The lack of clarity too often results in indecision and inertia, hindering the practice of good medicine, the very foundation of The Doctors Company’s mission.

To address this, TDC Specialty developed Reproductive Health Defense Protection, an innovative excess and surplus (E&S) product designed to provide a level of reassurance to medical practitioners treating reproductive emergencies.

Product Overview

This product is available to eligible insured members under The Doctors Company’s MPL coverage. The policy covers healthcare professionals who believe they have operated within the reproductive health standard of care, but face litigation as a result of a “Reproductive Medical Service Wrongful Act.” The policy provides full legal defense, including all legal costs up to the point of the verdict, and is given on a “duty to defend” basis, unless or until there is an admission of guilt, plea, or adjudication, at which time all coverage will cease.

Eligible Classes

Obstetricians-gynecologists (OB-GYNs)
Maternal-fetal medicine specialists
Nurse midwives
Family physicians
Genetic counselors
Emergency room physicians

Coverage Details

Available defense limits range from $100,000 to $500,000, per clinical professional
Separate defense limits are available for accounts where multiple insured members are scheduled
No deductible or retention applies
Duty to defend

Additional Information

Surplus lines coverage is available to members of The Doctors Company through surplus lines licensed retail or wholesale brokers.
Defense-only coverage for healthcare practitioners who allegedly violate state criminal or civil law when rendering reproductive care.
Defense for reproductive healthcare decisions to protect the insured member against civil allegations, and against criminal allegations until the insured pleads guilty or nolo contendere or is adjudged guilty.
Currently available in 26 states with reproductive healthcare restrictions, including those with criminal or civil consequences.

Obtaining Coverage

Agents/brokers with the appropriate surplus lines license may submit business directly to TDC Specialty at submissions@tdcspecialty.com.

Others will be connected to a TDC Specialty wholesale broker if needed. The agent/broker will need to complete a short questionnaire to capture requested coverage details. Once TDC Specialty verifies the insured member and their active policy, a quote and option to bind and issue the Reproductive Health Defense Protection policy will be provided.

For more information, please visit TDC Specialty’s Reproductive Health Defense Protection product webpage or contact your Underwriter or Business Development representative.