Medical Malpractice for Volunteers
A majority of not for profit organizations can’t function without the help of volunteers. But, have you ever questioned if you’re liable for their actions? The answer is yes. And for organizations that hold any type of health clinic or offer vaccinations or screenings, this means medical malpractice liability.
Something as simple as staff or volunteers cleaning and bandaging a small wound can make your organization liable. If any further injury arises as a result of the medical care your organization provides, you’re at risk for medical malpractice lawsuits.
Incidental medical malpractice coverage can protect against these liabilities. This type of medical malpractice insurance is intended for those who have a medical exposure for operations that are incidental, but not the major function of their business. This coverage isn’t designed to protect clinics, hospitals or healthcare service providers simply because their medical exposure is directly related to their job.
Typically, incidental malpractice liability coverage comes with your standard general liability policy instead of as separate policy coverage. However, it’s important to read and understand what’s covered and excluded in your particular policy, as they can vary by state and insurer.
The coverage is included in the “Who Is an Insured” section of the policy. In other words, this means that by exception, the coverage applies to the vicarious liability of the employer unless a professional liability endorsement is attached. This endorsement would have to preclude the vicarious liability of an employed professional.
Coverage applies to injury arising out of the rendering of, or failure to render, the following services during the policy period:
- Medical, surgical, dental, X-ray or nursing service/treatment or the furnishing of food or beverages in connection with these services
- The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances
The coverage does not apply to:
- Expenses incurred by the insured for first aid given to others at the time of the accident
- The “Supplementary Payments” provision and the “Insured’s Duties in the Event of Occurrence, Claim or Suit” condition – both are amended accordingly
- Any insured engaged in the business or occupation of providing professional medical services
- An injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing professional medical services
Assurance is here to help! Contact an ‘A’ Team member today and make sure you’re covered.
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