Medical Malpractice for Entities – Clinics, Hospitals and Medical Establishments.

Entity Medical Malpractice policies are structured to cover the vicarious liability involved with the services that an organization, entity, clinic or hospital offers.

Vicarious liability means that an employer can be held responsible by the courts for the actions of its employees and also for the errors and omissions caused by the entities own wrong-doing.

An entity policy can also extend to offer indemnity to the employees (both medical and non-medical) for the services they render on behalf of the entity.

What are the basic’s you need to request from the Insured:

  1. Completed entity proposal form.
  2. Confirmation of if only vicarious liability is required or cover is to also extend to employees (including medics).
  3. Confirmation of if public liability or employers liability is required.
  4. A list of services offered through the entity.
  5. The anticipated number of patient interactions per year.
  6. Medic vetting or recruitment process.

What you need to discuss with your client:

  1. Limit of indemnity – if there are medics attaching to the policy, you should discuss the need for an appropriate limit of indemnity.
  2. What vicarious liability is and how it can affect entities through malpractice claims.
  3. Responsibility to attaching medics – if a medic benefits from indemnity extending from the entity, they should continue to receive these benefits even after they stop working for the entity. As such, they entity is responsible for the continuity of coverage.
  4. Excesses – if there are medics attaching to the policy, the policyholder (the entity) are responsible to pay for excesses on behalf of their medics.
  5. Changes or additions to business activities – any deviations from original application need to be declared to insurers.

If you need more guidance with how to get the ideal presentation, why not speak to our specialist Healthcare team.