Medical negligence cover to provide peace of mind
We’ve all heard shocking accounts involving care facilities and despite some likely exaggeration, there’s no getting away from the risk posed every time we receive hospital care. Our Healthcare & treatment product tries to calm these fears, offering cover for organisations from care homes to prisons.
The Healthcare and treatment product responds to the care and clinical negligence needs of an entity or organisation. This doesn't include the clinical risk of doctors or surgeons.
Organisations that provide medical care and treatment for third parties, for example:
- Private Hospitals
- Care Homes
- Walk-in Centres
- Turnover threshold exceeding £100 million
The risks split into three broad categories:
- ‘Treatment Risk’
This is the provision of medical care (including medicines) under the instructions of a qualified medical practitioner, who may or may not be present. It may include staff in care homes giving medicine to patients, deciding on when to call a doctor, first aid and so forth.
- ‘Contingent Risk’
This would cover the Entity group or Company for any legal liability that may attach to the organisation.
- ‘Incidental Risk’
This covers a number of different scenarios where the giving of cover may be incidental or a pre-requisite of the main business of the insured. Examples include nurses employed in the workplace as well as auxiliary staff.
Examples of claims may include:
- Negligent monitoring/reporting
- Lack of/incorrect administration of medicine
- Negligent treatment (before and after care)
- Breach of professional duty
Limits and scope of cover
There is a separate care and treatment section within the Public Liability policy wording. This section has a Claims Made Trigger and is Costs Inclusive.
We offer a limit of indemnity up to £10m for Care and Treatment with each risk assessed on a case-by-case basis. Positive Abuse Cover on a Claims Made Triggers/Costs Inclusive and up to a Limit of £10m.
Public and Products on an Occurrence Trigger with Costs in Addition.
What's driving increased claims activity?
- Greater awareness of public rights
- General public awareness, media spotlight
- Claimant solicitors’ radar
- Lack of tolerance and acceptance for care considered to be below standards
- Claims culture
- Advances in technology – increased awareness of causal effect
- Internet knowledge and self–diagnosis
- Economic climate
- Increased life expectancy, greater cost of future care
- Pressures on the NHS and NHSLA
- Mental Health
We are able to offer the Care and Treatment cover with a package across a number of lines including:
- Employers Liability
- Public/Products Liability
- Abuse and/or Medical Malpractice (not included as standard)
- Environmental Impairment Liability (EIL)
- Property Damage/Business Interruption
Other lines of business such as Accident and Health, Motor and Cyber Liability are also available upon request.
Our understanding of the business sector includes:
- The hospital/entity will always have a vicarious liability for employing the staff to practice within their hospital and may unfortunately be dragged into litigation along with other parties which means they would have to defend their position whilst directing the claim back to the appropriate person responsible, in order to claim against their own insurances
- The importance of claims handling in this sector. We have experienced in-house claims handlers with extensive expertise in this area
- With the agreement of the customer, attrition claims are handled by a select panel of third party adjusters who are both knowledgeable and experienced within the sector
- Working closely with the customer, assigning a Claims Relationship Executive to them in order to oversee and co-ordinate all claims activity for all classes of business and they will be the central claims contact
- Ability to provide risk engineering support and insight
- Arranging training such as claims defensibility