MMA Joins in Amicus Challenging Denial of Malpractice Insurance Coverage

May 23, 2024

The MMA, along with the AMA and the American Society of Aesthetic Plastic Surgery (ASAPS), submitted an amicus or “friend of the court” brief this week in a case before the Minnesota Court of Appeals involving the denial of medical malpractice insurance coverage by MMIC filed by Minnesota physician, James A. Hoffman, MD.   

The initial case that gave rise to the lawsuit against MMIC was a discrimination case. Hoffman, a plastic surgeon, was sued for discrimination by a transgender patient seeking breast augmentation surgery. Hoffman acknowledged that he did not have the requisite training or experience to perform the surgery, and referred the patient to another specialist. The discrimination case against Hoffman was dismissed; the court found “no evidence” that Hoffman or his clinic “were motivated by a purpose or intent to discriminate against transgender people when they referred [the patient] to the University of Minnesota.”  

MMIC, Hoffman’s medical liability insurer, denied coverage for Hoffman’s legal expenses in the discrimination case, citing a policy exclusion for claims based on “violations of Minnesota law.” Hoffman sued MMIC for its denial of coverage and the district court granted summary judgment to MMIC. The case is now on appeal before the Minnesota Court of Appeals.  

In its amicus brief, the MMA, AMA, ASAPS argued that determining the type of care a physician is or is not qualified to perform, and referring the patient to an appropriately qualified physician, are precisely the types of medical decision-making a malpractice insurer is expected to cover in its liability policies. The brief further noted that physicians purchase medical malpractice liability insurance to provide coverage for their medical decision-making. Denying malpractice insurance coverage for a physician who decided not to provide medical care outside of his or her training and experience would have a harmful effect on the quality of care provided to Minnesota patients.  

The court likely will hear the case later this summer. Watch News Now for ongoing coverage.