HEALTH SECTORINSURANCEIN SAFE HANDSwww.palm-insurance.co.uk

A strategic partnership between and

PROTECT / ASSETS / LIABILITIES / MALPRACTICE

At CBG we constantly review the marketplace to ensure we secure the best

terms for all our clients. During this on-going process, we noticed that the

insurance industry pretty much shied away from any business activity that

could result in medical malpractice claims.

After taking a closer look, we realised it was most likely because the statutory

requirement of practitioners to obtain indemnity as an individual from a

medical defence organisation meant most malpractice cover was being

provided by the MPS Risk Solutions or MDU.

This historic process has resulted in insurance companies having limited

knowledge of the health sector, including its methods, practices, technology

and, most importantly, malpractice claim types and profiles.

CBG has formed a strategic partnership with MPS Risk Solutions to fill this

void and enable the health sector to arrange all their necessary insurances

from one simple and competitive source – PALM.

PALM offers insurance to cover all aspects of the services delivered

by Healthcare providers, across the full range of insurance types, from

malpractice through to property, motor and liability insurances, to name but a

few.

MPS Risk Solutions was keen to team up with CBG based on the strength

and integrity of our working relationship, the knowledge of our staff, our

understanding of the health sector and our approachability and service-

focussed culture.

MPS Risk Solutions, simply through being part of MPS has a unique and

enviable position in arranging malpractice insurance for corporate Healthcare

providers.

Our vision is that, working together, we can fully understand the risks

associated with healthcare services, and can draw on our extensive knowledge

and expertise to provide suitable and cost effective insurance solutions for

you.

A strategic partnership between and“suitable and cost effective insurance

solutions for you”

IS YOUR INSURANCEIN SAFE HANDS?

Healthcare insurance has become

increasingly important in recent years. All

kinds of things can go wrong in either the

performance or delivery of services and

if a claim is made involving, for example,

neglect, misdiagnosis or duty of care, the

financial ramifications can be severe.

Having extensive cover in place allows

you to concentrate and focus on your

work without worry, and gives you the

confidence of knowing that issues will, at

least, be covered financially.

Our general insurance covers offer

protection for the broad range of

insurance requirements in the healthcare

industry. With adequate protection in

place, we can ensure your business or

partnership is secure.

“focus on your work without worry”

Covers available:

• Material damage

• Loss of Revenue

• Legal Expenses

• Director and Officers

• Employers Liability

• Motor Fleet

• Employment Practices Liability

• Medical Malpractice

• Goods in Transit

• Public Liability

• Locum Insurance

• Engineering

• Vaccines

• Theft by Employee

• Computers

• And much more...

DID YOU KNOWEVERY HEALTHCAREEMPLOYER IS EXPOSED TO VICARIOUS LIABILITY?

No? The fact is, as an employer,

you can be held responsible for the

actions of your staff, and can be

liable to pay compensation. We’ve

found that a worrying number of

employers in the healthcare sector

were unaware of their obligations.

This legal principle is known as

Vicarious Liability.

? ?

There are several types of relationships that might exist

between an employer and employee and, in every case, as

the employer (or principal), you can be held liable for the

actions of others.

The most common relationship is that of employer and

employee under a ‘Contract of Service’. In this type of

relationship, an employer will always be liable for any loss or

injury his employee causes to a third party within the scope of

their employment.

However there are many other circumstances where a

business can also be held vicariously liable for the actions of

someone who is not their employee.

• A Partnership. Business partners can be considered

liable for the actions of other partners in work accident

compensation claims. Also, if the partnership’s liability is

‘Joint and Several’ and there is no insurance in place for

the partnership, then individual partners can be personally

liable for the acts of a colleague.

• Contract for Services. You might engage personnel on

a self-employed basis under a contract for services.

However, if you exercise a degree of control over the way

these people provide their services, you can still be held

vicariously liable for their acts and omissions.

• Agents. You can also potentially be held vicariously liable

for anything you instruct an agent to do on your behalf.

A simple Rule of Thumb

Where an employee, personnel, agent or contractor is working

under your direction and control, you will usually be held liable

for their actions and, in turn, will be financially liable for any

compensation claims.

? ?

! !!VICARIOUS LIABILITYARE YOU EXPOSED?

CORPORATE PROTECTIONFROM EMPLOYEE MALPRACTICE

With a claim culture firmly established, and a high margin for error in healthcare services,

Malpractice insurance is more important than ever before.

The financial consequences of claims for neglect, misdiagnosis and duty of care can be

severe and can put the future of your organisation in jeopardy.

Working in such a high pressure industry where mistakes

can be fatal is stressful enough, without having to worry

about the financial ramifications of your or your employees’

actions. So, extensive malpractice insurance is essential for

any medical professional or medical establishment providing

any medical or healthcare services, to protect your business

and allow your employees to concentrate on their work.

In recent proposals to the Health Service, due to be

implemented in the forthcoming years, the Government

has indicated that they plan to simplify the legal procedure

for personal injury and want to do the same for low value

medical negligence cases. If it’s easier to claim, having

adequate protection in place will be even more vital.

To ensure the protection offered by ‘’PALM’’ consistently

reflects the changing needs of Service Providers, the cover

will be continually evolving to meet any upcoming Legislative

changes.

A watching brief will be maintained on NHS Contracts and

the evolving GP Consortias and protection will reflect any

changes to Schedule 9 or equivalent conditions. Finally, we

shall maintain an open line of communication with the Dept

of Health to ensure the insurance protection is in line with

their intentions and aspirations.“Working in such a high pressure industry where mistakes can be fatal is stressful enough”

RISK MANAGEMENTGOOD PLANNING REDUCES PREMIUMS

The simple premise for all insurance is that the premium

charged reflects the risk of claims that underwriters

believe you face.

If you can demonstrate a proactive and positive approach

to risk assessment and management, underwriters

will reward you with reduced premiums that reflect the

assumed reduced exposure to claims.

Positive risk factors can take many forms from additional

security for property through to Health & Safety training,

all will have a positive rating impact to differing degrees.

LOCUM INSURANCEFINANCIAL ASSISTANCEFOR PEACE OF MIND

We recognise that if a member of staff is unable to

work, and needs replacing, this results in a great deal

of additional pressure placed on colleagues, as well

as the unexpected financial costs of paying for a

replacement being borne by the business. Our unique

policy is specifically designed to cover the cost incurred

in employing a Locum to replace the absent member of

staff.

As we designed the Policy ourselves, it offers unique

cover extensions specifically designed for anyone

involved in the provision of Health services. The cover

is constantly being reviewed and tested against our

competitors to ensure it remains market leader. The latest

extension being reviewed will include absence following

a suspension by GMC, pending the final outcome of any

investigation.

We believe our policy offers a very cost effective method

of protecting any organisation from sudden & unforeseen

Locum costs that can unexpectedly hit any budget.

“unique cover extensions specifically designed for anyone involved in the

provision of Health services”

MEDiC MEMBERSHIP FOR EMPLOYED DOCTORS IN CORPORATES

MEDiC is the simple, straightforward way in which

policyholders of MPS Risk Solutions (part of the PALM team)

can secure occurrence based, discretionary MPS indemnity

for all of the doctors you employ.

Some important advantages of having all the clinicians/

practitioners within your organisation having membership with

MPS are:

• Discretionary occurrence-based indemnity is the best choice for doctors and is provided by one of the world’s largest Medical Defence Organisations – MPS.

• Companies can feel secure in the knowledge that all of the practitioners working for them are indemnified at all times and therefore comply with their own insurance requirements and warranties.

• MPS and MPS Risk Solutions use the same claims handling and advisory teams, which means conflicts are minimised when claims occur that affect both the individuals and the company.

• Often claims may involve more than one clinician so delays in handling any malpractice claims will be minimised as we deal with everything under one roof.“secure occurrence based, discretionary

MPS indemnity for all of the doctors you employ”

T.U.P.E. TRANSFER OF UNDERTAKINGS(PROTECTION OF EMPLOYMENT)

Under current legislation, the employment rights of employees are

protected when they transfer from one employer to another.

NHS employee benefits are both wide and extremely beneficial.

However, in the commercial world, some of the rights which are

automatically included through this employment contract are either not

available, or only available at a high price.

When you take on former NHS staff, you have a legal obligation to

match their previous employment contract. Some aspects will be

considered commercial risks and will be acceptable, whereas others

may be considered too much of an exposure. This means that you may

need Group Insurance protection to cover sickness absence or death

in service.

Palm has a sister company that specialises in employee benefits and

has the expertise to consider what benefits are needed to match the

previous NHS benefits as close as commercially possible. Making a

simple call to PALM puts you in touch with a team of specialists who

can help.

“you have a legal obligation to match

their previous employment contract”

PROTECT / ASSETS / LIABILITIES / MALPRACTICE

MANCHESTERSouthmoor House

Southmoor Road

Manchester

M23 9XD

t: 08459 28 28 28

f: 0161 920 0169

e: info@palm-insurance.co.uk

www.palm-insurance.co.uk

Palm Insurance is a trading style of CBG Insurance Brokers Ltd which Authorised and Regulated by the Financial Services Authority and is a member of the CBG Group of companies.