Medical Malpractice insurance FAQs

Do I need Medical Malpractice Insurance in the UK?

Most healthcare service providers who could harm or injure another person are legally required to have appropriate medical malpractice cover in place. Medical Malpractice Insurance is designed to cover the cost of legal action by patients against you for bodily injury or wrongful advice. It also covers the cost of financial damages if a patient wins a case against you.

Kerry London’s healthcare insurance experts can help you determine the correct insurance to cover for the risks you face. We ask detailed questions to provide the right cover for the risks faced by your company, including:

• What services do you offer?
• What’s your annual turnover?
• How many previous claims or claims incidents have you had?

It’s important to provide as much information up front to help us arrange the right cover and provide an accurate and timely premium.

What cover should I look for in a Medical Malpractice Insurance policy in the UK?

Talk to us for advice on the best medical malpractice cover for your needs. A good policy provides comprehensive cover for a wide range of issues such as:

• contract-certain insurance policies rather than discretionary indemnity
• insurance for switching providers to minimise gaps in cover
• breach of confidence cover
• Good Samaritan Acts worldwide
• defence costs for claims covered by the policy
• total defence costs for disciplinary proceedings
• professional indemnity cover
• defamation cover
• cover for reports
• up to 25 years run-off cover
• 24/7 legal helpline
• in-house claims reporting

More private ambulance companies are taking on NHS contracts which may involve higher risk work, so it’s important to reassess your insurance to ensure you’re adequately covered for medical malpractice when taking on new or different types of work.

Does Medical Malpractice Insurance have any exclusions?

There are a few exclusions, including intentional acts of harm, such as assault or misconduct. Medical Malpractice Insurance won’t cover healthcare professionals who intentionally harm a patient, commit a criminal activity or are found guilty of a crime.

It also doesn’t cover non-medical services such as offers of negligent financial advice unrelated to their medical practice.

What is the difference between Medical Malpractice Insurance and Professional Indemnity Insurance?

Medical Malpractice Insurance is designed for healthcare professionals who might be sued for negligence or errors that result in injury, illness, or death of a patient. It typically covers legal expenses, court costs, and settlement or judgment amounts. It also often covers claims even after a policy is cancelled or expired (run-off cover) because claims may emerge months or even years after the alleged incident.

Medical Malpractice Insurance covers medical risks and liabilities and Professional Indemnity Insurance covers professional negligence in a wide range of other industries.

Do I need Medical Malpractice Insurance for voluntary healthcare work (Good Neighbour Acts)?

Voluntary healthcare work or “Good Neighbour Acts” involve you volunteering your medical services at an event, such as a community or sports event. If the organisation you are volunteering for doesn’t arrange the correct insurance for you, you need to arrange Medical Malpractice Insurance for yourself.

Does Medical Malpractice Insurance cover legal defence costs?

Yes. Most Medical Malpractice Insurance policies cover legal expenses for defending malpractice claims. Talk to us to check whether your current policy includes this important cover.

As a healthcare insurance broker, we understand the importance of providing a policy with unrestricted defence costs. Some policy limits impact the amount of defence costs offered under your insurance, which can have significant implications if you are subject of legal action. We can advise you whether your current policy has defence within or in addition to the limits and arrange a policy that fully covers any potential defence costs.

Am I covered by NHS Medical Malpractice Insurance while working on NHS/999 contracts?

The NHS is financially responsible for its employees’ clinical negligence. All NHS Trusts/ Health Boards in England, Scotland, and Wales are members of the state backed NHS medical schemes.

Private practitioners working with NHS contractors should check their contracts to see whether the NHS extends their Medical Malpractice Insurance to contractors working for them or whether you’re required to arrange your own medical malpractice cover for yourself.

The General Medical Council’s website details the legal and professional requirements for indemnity.

Can I be sued for medical malpractice after I’ve retired?

Medical malpractice claims can be made many years after an incident occurs. They can relate to many issues, including accidents when lifting patients in and out of vehicles, errors and poor communication. Patients can bring a claim three years from the date of the alleged negligent act or when that person had knowledge that care was potentially negligent.

We carefully assess the risks your business faces and can recommend tailored Medical Malpractice Insurance to ensure you’re covered for the specific risks your company faces.

Do you provide Medical Malpractice Run-off cover?

Medical Malpractice Run-off Insurance is taken out after a medical professional stops working. We can agree on the duration of your run-off insurance with you. Run-off insurance often runs from retirement age or once a medical professional stops practising. Run-off cover is intended to protect medical professionals and their patients by providing additional insurance for claims after treatment or advice is given.

Medical Malpractice Insurance is given on a “claims made” basis, which means a claim can only be made on a live insurance policy. The policy must be live for the claim and the medical procedure. Many healthcare workers are insured throughout their careers and arrange run-off cover for retirement or if they stop practising.

How long should I arrange Medical Malpractice Run-off Insurance for?

Some insurers provide a three-year reporting period because the law (statute of limitations) states that a patient can only make a claim three years after negligent treatment. Sometimes, the law recognises claims up to 10 years after treatment, and some insurers may provide cover for this.

How do I claim on my Medical Malpractice Insurance?

Medical negligence claims are complex, so it’s important to report a claim to us immediately to get the proper support and advice as soon as possible. You can find all the information and contact details you need on our claims page. Our in-house claims team can manage your claim for you.