- How does corporate indemnity differ from employers’ liability insurance?
- Are there monetary limits on a corporate associate membership?
- What different options do I have if I want protection at an organisational level?
- How do you calculate what and when I pay for corporate associate membership?
- How do I protect my organisation as well as my staff?
- Could a situation arise where the organisation was not found to be at fault but the claim was upheld against an individual? What would happen in those circumstances?
- Is there a minimum number of staff that I have to have to set up a corporate scheme?
- Can I buy retroactive cover for any claims reported during my membership once the corporate associate membership ends?
- Can my arrangement be extended so staff who have claims-made indemnity under the terms of corporate associate membership get additional benefits, such as support in the event of a data breach, regulatory proceedings or a criminal investigation?
- I'm already with another indemnity provider for my organisation. Are there any issues or drawbacks if I switch to you?
- Can we ask for assistance at an organisational level if a clinician's individual indemnity provider does not agree to defend or settle a claim?
- What happens if we move to another indemnity provider?
- What happens if a claim is made against an individual who was included in my corporate associate membership but has since left my organisation?
- What happens if my organisation closes?
- Why can’t I include doctors in a corporate membership arrangement?
- Is being included in corporate membership sufficient for my practice nurses and healthcare assistants?
- Should all my employed nurses have their own membership or be included in a corporate membership?
- Is claims-made indemnity cheaper than occurrence-based indemnity?
- What is the difference between membership with claims-made protection and membership with occurrence-based protection?
How does corporate indemnity differ from employers’ liability insurance?
If you employ staff then you are responsible for their health and safety.
Employers’ liability insurance provides protection should an employee be injured or become unwell whilst in your employ and seek compensation.
Corporate indemnity protects your organisation from claims of clinical negligence against it, in relation to patients under its care.
Are there monetary limits on a corporate associate membership?
There are limits which are established at the time the membership is set up. You can set the limit for both single and aggregate claim values, which then affects the cost of corporate associate membership. Usual limits are £1m, £5m, £10m or £15m, although we will consider other limits upon request.
What different options do I have if I want protection at an organisational level?
You have several options. You can choose:
- group membership which offers individual membership with occurrence-based protection, with the option for third party payer and administration
- corporate associate membership which indemnifies the organisation and some roles within the organisation on a claims-made basis
- a combination of the two.
How do you calculate what and when I pay for corporate associate membership?
The cost of corporate associate membership is based on:
- the nature of the work your organisation undertakes and the risk associated with this
- the number and type of roles included within the membership
- the limits you chose to apply to your single and aggregate claims
- the base risk of the specialty area you operate in.
How do I protect my organisation as well as my staff?
If your company is a legal entity, such as a limited company, then it can be sued in its own right. It would therefore require corporate associate membership to protect it from claims of clinical negligence.
Staff working for the organisation can be included within the terms of a corporate associate membership but for some roles, including doctors and advanced nurse practitioners, we recommend they hold their own membership with occurrence-based protection as well, through either an individual or group arrangement.
Many organisations have a combination of a group arrangement and corporate associate membership to offer protection for their organisation and their staff.
Could a situation arise where the organisation was not found to be at fault but the claim was upheld against an individual? What would happen in those circumstances?
If the claim was made against both a clinician with their own indemnity and the organisation but only the individual was at fault, then the individual should look to their own indemnity or insurance provider to cover the claim. With corporate associate membership of Medical Protection, you could ask us to defend the claim in relation to the allegations made against the organisation only.
If the claim was made against an individual whose role was included within the terms of the corporate associate membership and it was their act or omission that gave rise to claim, then the organisation would be entitled to request indemnity and assistance from us.
Is there a minimum number of staff that I have to have to set up a corporate scheme?
There is no minimum staff number but we do have a minimum subscription value for corporate membership. Speak to us about this when you enquire.
Can I buy retroactive cover for any claims reported during my membership once the corporate associate membership ends?
Can my arrangement be extended so staff who have claims-made indemnity under the terms of corporate associate membership get additional benefits, such as support in the event of a data breach, regulatory proceedings or a criminal investigation?
We can provide individual membership entitling members to seek assistance with regulatory and other matters outside negligence claims. You may find this is not necessary if employees already receive these benefits through membership of organisations, for example nurses have these protections through their Royal College of Nursing membership.
I'm already with another indemnity provider for my organisation. Are there any issues or drawbacks if I switch to you?
Can we ask for assistance at an organisational level if a clinician's individual indemnity provider does not agree to defend or settle a claim?
What happens if we move to another indemnity provider?
What happens if a claim is made against an individual who was included in my corporate associate membership but has since left my organisation?
What happens if my organisation closes?
Why can’t I include doctors in a corporate membership arrangement?
For this reason doctors are required to have individual membership which provides access to assistance, including legal advice and representation, rather than corporate membership which doesn’t.
It is also common for doctors to undertake work in multiple locations and specialise. So individual protection is required to ensure they have the personal protection they need.
For the same reasons, employers sometime chose to make sure advanced nurse practitioners also have their own individual protection arrangements, rather than being included in a corporate associate membership.
You can arrange membership with occurrence-based protection with us for a group of doctors and nurses you employ, with or without additional corporate associate membership.
Is being included in corporate membership sufficient for my practice nurses and healthcare assistants?
Some employers still want their staff to have access to the additional membership benefits which are provided with individual membership with occurrence-based protection, such as support with regulatory matters. Others are only concerned with protection in the event of a clinical negligence claim, which the corporate associate membership provides.
Should all my employed nurses have their own membership or be included in a corporate membership?
As a guide, we recommend more advanced nurses – those prescribing or treating patients presenting with acute or undiagnosed conditions beyond initial triage – have their own membership with occurrence-based protection. This is because claims against practitioners working at this level can arise many years after the adverse incident occurs and so membership with occurrence-based protection can provide greater peace of mind.
Individual membership with occurrence-based protection also gives the member access to non-indemnity benefits, such as regulatory support, which they may be more likely to require than an employee working at a less advanced level.Is claims-made indemnity cheaper than occurrence-based indemnity?
In later years, you are paying for protection for claims that both:
- arise from practice during your active membership with Medical Protection
- are reported within your years of active membership.
What is the difference between membership with claims-made protection and membership with occurrence-based protection?
Claims-made indemnity is normal for corporate associate membership. For us to provide assistance an adverse incident must occur, and we must be notified of the resulting claim, within your period of active membership.
Adverse incidents should be reported as soon as practically possible after the event. An adverse incident is any event or circumstance that might give rise to a claim of clinical negligence against the corporate associate member. Find out more about incident reporting requirements.
Adverse incidents should be reported as soon as practically possible after the event. An adverse incident is any event or circumstance that might give rise to a claim of clinical negligence against the corporate associate member. Find out more about incident reporting requirements.