8 policy essentials when purchasing medical malpractice insurance

Claims cover provides protection if you fail to follow the accepted standards of care of your professional area of expertise, resulting in harm to your patient from medical negligence.

Despite your best efforts, even the most sophisticated systems can malfunction and cause patient injury, resulting in varying patient claims in malpractice cases.

A medico-legal complaint occurs when a practitioner’s decision-making, conduct or communication skills is questioned.

While the process can take years to resolve and have a significant personal and professional impact, having coverage in your policy ensures a professional and speedy approach in handling the outcome.

Although there is no legal duty of care for medical professionals to act under law for emergent attention to a member of the general public, you do have an ethical duty to provide healthcare assistance and as a result, owe a standard of care to the person receiving such care.

Good Samaritan Acts coverage helps protect you when you provide care in emergency situations so you can focus entirely on the needs of the patient.

Vicarious liability assigns liability for patient injury to you, if you have a legal relationship to the person who caused the injury. For example, if an employed staff member causes patient injury, you may be held legally liable and responsible.

Having vicarious liability cover means you’re protected for patient injury, even when it’s out of your control.

If you’re working in research, insurance cover for unintentional intellectual property infringement is crucial.

The cover protects not only the owner of the intellectual property but also if you have unintentionally infringed upon intellectual property rights.

Run-off cover protects you from any future liabilities once you cease medical practice, either via retirement or otherwise,. An example could be that you may have treated a patient prior to retirement but who then lodges a complaint after you have retired.

Run-off coverage may extend to months or even years, but keep in mind it doesn’t protect you if you engage in medical practice during your retirement or period of absence from the medical profession.

Sometimes the defence costs associated with a malpractice case can be substantial. Having access to legal representation costs means you’re covered for associated expenses such as legal fees and won’t need to be out-of-pocket.

When purchasing an indemnity insurance policy, some policies can offer optional extensions. Chubb's Medical Malpractice Policy for example offers optional coverage for unintentional cyber and privacy infringement.

Optional extensions offer tailor-made insurance solutions to suit your professional circumstances.