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Medical malpractice

Medical malpractice insurance

The State Claims Agency and/or an employer’s private practice insurance policy should indemnify most members for inadvertent injury caused to third parties in the provision of their work, but a gap in cover might still exist for members employed in the private sector.  

If you are concerned about your liability as an employee in the private sector, please contact us as the INMO can, for certain categories of members, provide financial assistance for inadvertent injury caused to third parties.  

Please note, this assistance is not automatic for all members, nor is this provided as personal insurance cover for you, and cover is not available for every category of work, so in order for this to be considered the member must have first contacted the INMO to confirm that their current services are eligible for this benefit. 

There are certain terms and conditions that apply to the INMO being able to extend this benefit, and financial assistance is not unlimited.  Please contact us at the INMO if you would like to know more. 

Public and private sector

Irish law stipulates that all individuals - therefore all members - are responsible for their actions and any consequences. If a member causes harm or damage to another person in the practice of their profession, the injured person or their estate can seek to be compensated.  

Medical Malpractice insurance exists to cover these claims for compensation that are demanded as a result of a medical, clinical or healthcare professional unintentionally causing bodily or mental injury to a third party in the provision of their services.  

Medical malpractice insurance for the public sector  

The Irish State Claims Agency (SCA) administers the Clinical Indemnity Scheme (CIS) that insures Medical Malpractice claims made against medical professionals working in the public sector.  

Medical malpractice insurance for the private sector  

Those working in the private sector are not included as insureds under the Clinical Indemnity Scheme (CIS). This means that those who are self-employed and those who are directors, partners or principals of a private practice are responsible for purchasing a medical malpractice insurance policy to adequately protect them and those that work for them for their on-going liabilities. This policy usually insures all directors, partners, principals and employees, past and present, of the private practice.  

Whilst it is the responsibility of the private practice to insure those it employs, there remains an onus on the individual to take reasonable steps to check that insurance is in force. 

There are certain terms and conditions that apply to the INMO being able to extend this benefit, and financial assistance is not unlimited

Medical Malpractice FAQs

Yes. There are instances of members being joined in actions brought against health authorities. In such cases solicitors are appointed on behalf of the health authority and it is their brief to defend all those joined in the action, although the interests of the parties may not be the same. Please refer to FAQ 6 for advice what to do if you think you are subject of this situation.  

No. For periods when you are self-employed, sub-contracted or engaged in work as and when on an ad hoc basis/cash in hand payment, then there is no state insurance nor private entity insurance that will apply to claims arising from these activities. Therefore, it is your responsibility to obtain sufficient insurance.  

In certain situations, a practice you are engaging with may extend their cover to insure you as an additional insured. However, this is likely to be limited only to the activities you perform for and/or on behalf of that one practice. Therefore, it is strongly recommended that you purchase your own policy to insure all your on-going liability regardless of who you work for and/or with.  

‘Claims made’ means that the policy only insures claims that are brought against an insured within the policy period as long as the event that triggered the claim was performed after a certain date, known as the ‘Retroactive Date’, under the policy. This differs to ‘occurrence based’ cover which insures events during the policy period irrespective of when the claim is eventually brought against the insured.  

This means it is imperative for a self-employed person or private practice to continue to purchase medical malpractice insurance even after the business is closed to protect their own-going liability.  

Any member that becomes aware of a possible event that may involve having to make a formal statement, participate in a formal enquiry or give evidence under oath, must contact the INMO as soon as possible. It is extremely important that you do not provide any written statement to anyone until consulting with the INMO.  

Failure to report an incident immediately, which later leads to a claim, could result in any insurer refusing to deal with the matter if they feel that their position has been prejudiced by the late receipt of notification of a possible claim.  

It means the INMO will not help you with any claims arising from activities performed after the date you leave the membership.  

Firstly, we recommend members let us know they are retiring. Secondly, medical malpractice insurance policies typically insure all past as well as present employees including those who retire as long as the policyholder continues to purchase the insurance.  

Please refer to responses in relation to retirement and leaving the INMO

No. Personal injury claims are dealt with under a separate arrangement administered via ARAG. Please refer to our member benefits website for further information and contact details. 

No. Separate insurance will need to be sourced. 