HR

 
Fri September 19, 2008
 
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HEALTHCARE / MEDICAL RISKS
   

INTRODUCTION
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Hospital Insurance
There are not many insurance markets for healthcare organizations in Canada and coverage provided is fairly specialized with emphasis placed on liability exposures.  For example, hospital casualty polices issue by HIROC include the following sections:

A     bodily injury

B     property damage

C     health care professional liability

Cl    blood transfusion legal liability

D     contingent employer’s liability

E     employee benefits liability

F     errors and omissions liability / d&o

U     environmental impairment liability

H     non-owned automobile insurance

I      crime insurance

Polices issued by other sources include some of these sections but generally speaking, the D&O and Environmental coverages need to be placed separately.  There are some differences in basic coverage, including some providers giving "occurrence" based coverage on the malpractice section instead of "claims made."

Individual practitioners generally have their own protection / insurance

Canadian Medical Protective Association (C.M.P.A.)
The C.M.P.A. is a mutual defense organization, which defends its members against legal claims and pays the damage award when the defense is unsuccessful. The C.M.P.A. retains highly skilled and experienced counsel who defend those cases which go to trial.

Outside of Quebec, where physicians insure privately, about 90% of physicians are members of C.M.P.A. and are protected by them. It is not an insurance policy and  there is no definitive agreement. However, it is a financially sound organization.

C.M.P.A. are not concerned about possible contracts, in which a physician indemnifies a healthcare facility for whom they are working, provided the contract is a fair and balanced document providing for mutual indemnification.

C.M.P.A. protection will generally always apply first and since there is no cap on the limit of liability, the healthcare institution's malpractice insurance should not come into play. The healthcare institution's insurance will apply on a primary basis in those case where, for some reason, C.M.P.A. does not respond.

Where a doctor has private insurance, it will apply as primary and the healthcare institution's policy as excess over the limit provided by the doctor's insurance.

C.M.P.A provides coverage on an "occurrence" basis rather than "claims made."

The following classifications of physicians and surgeons are listed as being eligible for membership:

  1. Allergy
  2. Anesthesia
  3. Assistance at Surgery
  4. Cardiology
  5. Cardiology (no arteriography/catheterization)
  6. Cardiovascular Surgery
  7. Chronic Pain Management
  8. Clinical Associates (Medical)
  9. Clinical Associates (Surgery)
  10. Clinical Fellow (moonlighting)
  11. Clinical Fellow (w/out moonlighting)
  12. Clinical Immunology
  13. Community Medicine/Public Health
  14. Dermatology
  15. Diagnostic Imaging
  16. Emergency Medicine/Emergentology
  17. Endocrinology
  18. Emergency Medicine
  19. Family Practice or General Practice inc.
  20. Gastroenterology
  21. General Practice (with Anesthesia/Surgery/Emergency)
  22. General Practice (with Obstetrics)
  23. General Surgery
  24. General practice - excluding Emergency
  25. Genetics
  26. Gynecologic Surgery without Obstetrics
  27. Hematology
  28. Infectious Diseases
  29. Intensive Care
  30. Internal Medicine
  31. Interns, Residents (moonlighting)
  32. Medical Microbiology
  33. Medical Oncology
  34. Neonatology
  35. Nephrology
  36. Neurology
  37. Neurosurgery
  38. Nuclear Medicine
  39. Obstetrics
  40. Obstetrics (without labor and delivery)
  41. Occupational Medicine
  42. Ophthalmology
  43. Orthopedic Surgery
  44. Otolaryngology
  45. Pediatric Surgery
  46. Pediatrics
  47. Pathology - Anatomic
  48. Pathology - General
  49. Pathology - Hematological
  50. Pathology - Neurological
  51. Physical Medicine & Rehabilitation
  52. Plastic Surgery
  53. Psychiatry
  54. Respiratory Medicine
  55. Rheumatology
  56. Sports Medicine
  57. Surgery (no operative treatment)
  58. Therapeutic radiology/radiation oncology
  59. Thoracic Surgery
  60. Urology
  61. Vascular Surgery

Canadian Nurses Protective Society (C.N.P.S.)
See the link below for an explanation of the extent of coverage provided by the Society and the optional additional coverage they supply CNPS Plus

 

Other Medical Associations
There are other groups that have their own special insurance such as the various Midwives Associations throughout Canada.

INSURANCE SOURCES
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OTHER RESOURCES
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