Glossary

MEDICAL MALPRACTICE : This is where a practitioner has not performed with a reasonable degree of skill and care, resulting in possible injury or loss to the patient or recipient.

PROFESSIONAL INDEMNITY: This is a commonly misunderstood term, and refers to a cover which indemnifies (i.e. protects) the practitioner against any allegations of loss arising from the conduct of his/her occupation, whether treating or not. This can cover financial loss due to inadequate or incorrect advice, consultancy work etc., and applies where injury has not been caused. Breaches of Duty of Care come under the Law of Negligence or “Tort”.

PUBLIC LIABILITY: This covers liability at law for causing injury to other people (not necessarily clients/patients) for damage to their property, provided that no treatment or advice was the reason for the incident.

PRODUCTS LIABILITY: This covers you for any defect in goods (e.g. Medicines, supplements or health aids) sold, supplied or demonstrated to your patients/clients which may cause injury or damage . Even if you did not manufacture the item concerned and innocently passed it on, under EEC directive, the Consumer Protections Act etc., you will still be initially held liable.

EMPLOYERS LIABILITY: This covers you for injuries sustained by any employees or work experience assistants, and is legally required. The certificate needs to be displayed and now has to be kept for at least 40 years after expiry of policy.

INDEMNITY LIMIT: The amount for any damages awarded against you in Court, or as an out of court settlement figure.

LEGAL & DEFENCE COSTS: the amount to pay for the legal advice and support throughout the process. This can be a large amount and some policies include this within the Indemnity Limit, thus reducing the amount of total cover. We give unlimited cover.

EXCESS: the amount you are liable for in the event of a claim.

CLAIMS OCCURRING: a type of policy (usually Public or Civil Liability wording) where a claim is agreed to be triggered by the date the incident was alleged to have taken place. There is no need to keep a policy going after retirement or when changing to another policy. You are locked into that type of wording, and any claim will be based on the cover and amount which was in force at the time of the incident which is alleged to have occurred, however long ago that may be . Individuals and Trainers have this wording. Corporates facility does not.

CLAIMS MADE: Many professionals have this type of policy. It covers you when a claim is made known to you, not when it is said to have occurred. When retiring or ceasing the policy, you need to ensure that any new carrier will pick up the previous period insured, or that you purchase at a reduced premium some “ Run Off “ cover. The statute of limitation (normally 3-6years) means that you do not need run – off cover indefinitely! Our corporate facility is on this basis.

BREACH OF CONFIDENTIALITY: Where someone (not necessarily a patient) alleges you have divulged information detrimental in some way or which could cause loss to them.

LIBEL & SLANDER: allegations that you have maligned someone verbally or in writing

CRIMINAL PROSECUTION: Alleged Breaches of Criminal Legislation, which may be taken to Court. Defence is provided but not cover for fines.

 

 

Other Contacts
First Aid Insurance
Contact:

David Arnold
First Aid Insurance
24 Thomas Drive
Newport Pagnell
MK16 8TH

Tel. 01908 610093
Email da@FirstAidInsurance.co.uk


Balens - Brokers
Contact:

Mr. J. Balen
Balens Ltd
2 Nimrod House
Sandy's Road
Malvern, Worcs WR14 1JJ

Tel: 01684 581871
Email db@balen.co.uk