MEDICAL MALPRACTICE

 

Do you have the right cover for what you do?

 

Doctors need to be sure that they are approaching the RIGHT brokers for their medical malpractice.

Yourinsurance Brokers SA(Pty) Ltd (YiB) have specifically designed our proposal forms to cover various aspects of business that can easily be overlooked by another broker who wouldn’t know to ask the question.

 

Did you know that there are 8 different categories of GP’s?

Here are some good examples why it is important to have the right broker giving you the correct advice :

 

Example 1

A GP who does Ante-natal care and sonars to Full term, called in to say he received a cheaper quote – I did some research, only to find out that the other quote he received specifically EXCLUDED sonars and ante-natal care – he had no idea. What if a claim arose from his sonar work (e.g. an abnormality was not picked up on the scan) where often some of the highest claims settlements awarded are involving infants, there would have been no cover for the doctor. He would have saved R2500 a year . . . R210 per month . . . . BUT, at what risk?

 

Example 2

We practice the FSB required regulations of KYC (Know Your Client) , over the previous years we have learned our client's business, made sure we understood it. The doctor runs a HIV clinic . . . . one of our insurers has an HIV exclusion on their policy (ie: any claim related to HIV would be excluded, this could include a patient being infected with the virus and claiming it was to do with the Dr’s negligence – can you begin to imagine the settlements that might be awarded should the patient prove his case, or even just the legal fees involved proving that our Doctor was NOT negligent?). We know NOT to insure this specific client there. Again, if placed with the wrong insurer, the highest risks in his business would have been EXCLUDED. Medical Malpractice is a SPECIALIST field of Insurance. Can your broker explain the difference between a claims-made and loss-occurrence basis of insurance. The risks of moving your insurance from a commercial policy (that you would get from a Broker) to the MPS, and the fact that you are risking being UNINSURED for the years you were previously covered by your commercial policy?

 

Have they explained that in NOT renewing your policy, you jeopardise the past cover you have held since the inception of your policy (original retro-active date)?

Do you know what your retro-active date is?

Did you know you need to report any written complaint or threat or intension to sue, and that you should NEVER respond to a complaint on your own, and NEVER admit liability? If you respond on your own, the Insurers may reserve their rights in terms of anything further arising from the incident . . .

 

You do have to complete a fresh proposal form EACH year at your renewal. It is an underwriting requirement, so don’t put it off until your cover expires! When you get the form from us 2 months in advance, complete it and get it back to us as soon as possible. It gives us the time to source the most appropriate cover for you.

 

And so it goes, the list of do’s and don’ts are endless, if you are using the wrong broker, you may have the wrong cover or perhaps just not the RIGHT advice?

 

Please Note: unfortunately we are unable to assist Orthopaedic Surgeons, Obstetricians and Gynaecologists, Neuro-Surgeons and Plastic Surgeons

 

What does Medical Malpractice Insurance Cover?

 

·  Malpractice: any bodily injury, mental injury, illness, disease or death of

   any patient caused by Your negligent act, error or omission in or about

   Your occupation or business as stated in the Schedule

·  Errors and Omissions: financial loss to Third Parties caused by any

   negligent act, error or omission committed by You in or about the conduct

   of Your Services and arising out of a breach of duty owed them

·  Public Liability (if stated in the schedule to be included): any bodily

   injury, mental injury, illness, disease or death of or to any person. Or

   accidental loss or damage to tangible property of any person in

   connection with the Insured’s’ profession as stated in the Schedule,

   including the provision of  food and drink.

 

What is a claims-made basis?

 

This means that you are covered for claims arising from incidents which occur whilst insured through the above mentioned insurers. Incidents which have occurred before the insurance took place and claims arising for those incidences are not covered. Also, should the cover expire for any reason, so too shall the retro-active cover expire. Any claim, of any nature arising related to the insurance, irrespective of the circumstances which have occurred, will not be covered.

 

For example: A policy needs to be active and in force in order for claims to be entertained.