Apart from being an important requirement of the Health and Care Professions Council (HCPC) registration, medical negligence cover is probably the most important policy in the career of a paramedic, or any health professional involved in the treatment of patients.
Medical negligence insurance
The cover is generally described as Medical Malpractice insurance—but can often be referred to as Medical Liability insurance, Medical Indemnity, Clinical Negligence cover or Professional Indemnity. Its overriding objective is to insure the health professional against claims arising from wrongful advice or negligent treatment.
Who should purchase this cover?
Any health professional delivering medical services should establish how their work will be insured before engaging in practice. There are two basic areas, each with a different perspective; the first applies to engagement as an employee, and the second, as an independent/voluntary paramedic.
Where the paramedic is employed under a contract of employment, the employer is legally liable for the negligence of their employees (whether that negligence is medically related or otherwise). The employer therefore should maintain an appropriate policy in their name, covering all business liabilities including claims arising from the medical negligence of its employees. To satisfy HCPC regulations, employees should check with their employer they have the necessary insurance before commencing employment.
Independent/voluntary paramedics are usually accountable for their own advice and treatments, for example, if they are self-employed or while acting as an independent contractor. It is often overlooked that insurance will also be required when paramedics offer advice or provide treatments on a voluntary basis (such as to local amateur sports clubs, charities, or simply to family or friends), or when acting as a Good Samaritan.
Insurance options for paramedics
There are three main forms of indemnity cover available to paramedics:
Cover for paramedics is only available from specialist commercial insurers (i.e. insurance companies or at Lloyds), or from discretionary mutuals such as the Medical Protection Society (MPS) or Medical Defence Union (MDU).
Key features
There are several distinguishing features between this type of cover and other insurance policies, which are important for applicants to understand. Some of these key features include:
Main conditions and exclusions
As with any insurance policy, this type of cover is also subject to exclusions and conditions. As an example for qualified paramedics, there will be an HCPC registration requirement, and exclusions may involve work with elite athletes, or certain areas of practice. Sometimes policies can include specific governance requirements (e.g. when dealing with suspected meningitis conditions); but in all cases, paramedics are expected to work only within their individual scope of practice. Failure to comply with the terms and conditions may invalidate cover.
Territorial limits
In the majority of cases, cover applies to policyholders that are UK-domiciled but can often extend to temporary work overseas. It is important to check where in the world cover applies, and the territories in which claims can be brought. It may also be necessary to comply with any local regulatory obligations that may exist.
Costs
The overall cost of insurance is influenced by the following: