Medical Malpractice - Maple Group

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Medical Malpractice & Indemnity Insurance

We offer indemnity and medical malpractice insurance as well as risk management solutions for doctors, medical specialists and healthcare workers.

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Medical Malpractice & indemnity insurance

We offer critical insurance and risk management solutions for doctors, medical specialists, and healthcare workers. With the increase in medical malpractice claims by patients, it is increasingly important to prioritize consulting with an experienced industry broker that can provide you with relevant and appropriate cover.

Natmed recently published a comprehensive overview of medical malpractice insurance cover in South Africa under the title “Understanding Medical Malpractice Insurance in South Africa”.

This is the first time there has been such thorough work published. The South African prescription law means that under normal circumstances, a patient has up to three years as a generalisation within which to institute legal proceedings against the doctor. In the case of minor patients, that period extends to 19 years.

The paper discusses the state of medical malpractice in South Africa and the need for medical malpractice insurance cover. Doctors will find “Understanding Medical Malpractice Insurance in South Africa” a useful summary of the topic and can trust working with our brokerage as we understand the cover you need.

Our medical malpractice cover provides protection for nurses, physicians, general practitioners, pharmacists, dentist, acupuncturists & chinese medicine, audiologists / speech therapists, chiropractors, homeopaths, physiotherapists, psychometrists, paramedics, and other healthcare professionals against claims alleging that their negligent acts caused injury to patients. Cover includes the cost of defending you against covered claims as well as associated settlement costs. Terms and conditions apply, contact us for more information on the cover you think you may need today.

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Medical Malpractice
Defined

Whenever a healthcare provider has a duty of care to a patient and fails to follow accepted standards of practice, it may constitute medical malpractice. Malpractice can also involve failing to act. For instance, hospital staff might fail to respond to clear clinical signals of distress in a patient. Where medical malpractice leads directly to harm, it may give rise to a legal claim for compensation that the healthcare professional will be liable for.

Most medical malpractice coverages are written on a claims-made basis. A claims-made policy covers claims brought against the insured physician (or other professional) during the policy period. Claims brought after the policy has expired are not covered unless you have purchased run off cover (explained below). Many policies include retroactive cover. To be covered, claims must arise from acts you committed on or after the retroactive date. Claims arising from acts you committed before that date are not covered.

Some medical malpractice coverages are available on occurrence basis policies. An occurrence policy covers claims arising from acts committed during the policy period no matter when the claim is filed. Claims made many years after the policy has expired may be covered if they result from acts committed while the policy was in effect.

What does Medical
Malpractice cover?

The following is an overview of the coverages provided by a medical malpractice and indemnity policy:

Insurance Agreement: Like all insurance contracts, malpractice policies contain an insuring agreement that describes the coverage in broad terms. It often begins with the words “we will pay.” The cover afforded by the insuring agreement is refined and narrowed by the policy’s exclusions, conditions, and definitions.

While the specific wording may vary, a medical malpractice policy usually covers damages the insured is legally obligated to pay because of a medical incident (or a similar term) for which a claim is made during the policy period. The insurance agreement usually contains terms like “medical incident” or “professional incident” that are defined in the policy definitions section. It is important to scrutinize the meanings of these terms because they determine the scope of coverage afforded by the policy.

Defence and Settlement: Virtually all malpractice policies cover the cost of defending you against covered claims. Policies cover costs incurred by a lawyer assigned to your case by the insurer. They do not cover costs incurred by a lawyer you hire yourself. Depending on the policy, defence costs may be included in the limit that applies to damages or covered in addition to the limit. Defence costs add up quickly so look for a policy that covers defence outside the limit.

Some malpractice policies allow the insurer to settle any claim or lawsuit as it sees fit, whether you agree with the settlement or not. Others state that they will not settle a claim without your consent. Note that consent-to-settle clauses are often subject to restrictions. Many state that if you refuse to accept a settlement that is agreeable to the plaintiff, the insurer will pay no more than the amount of the proposed settlement plus defence costs incurred up to the date of your refusal.

Limits: Medical malpractice policies generally include two limits, an aggregate (annual) limit and an individual limit. Depending on the policy, the latter may apply to each claim or each event. When choosing a limit, consider your specialty and location. Malpractice claims are more prevalent in some branches of medicine (like obstetrics) than others.

Run off cover: Claims-made policies: These policies do not cover claims brought against you after the policy has expired. This can be a problem if your policy has been cancelled, non-renewed or replaced by an occurrence policy.

Fortunately, you can buy coverage for such claims by purchasing run off cover.

NurseInsure

This unique product has been developed specifically for nurses employed in the private sector, this includes nurses who are moonlighting to earn extra income. NurseInsure insures nurses and care givers in the event of a medical malpractice or and indemnity claim.

NURSING AGENCY & CARE HOMES

Maple offers medical malpractice for nursing agencies and care homes.

The business malpractice and indemnity insurance will indemnify your nursing agency against the legal liability to pay damages, including claimant’s costs, fees and expenses arising out of the placements and professional services offered by you. Maple and its underwriters we will work with you to manage your risk.

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