Professional Liability for Healthcare Professionals Report

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Added on  2023/01/17

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AI Summary
This report delves into the critical aspects of professional liability and insurance policies within the healthcare sector. It begins with an introduction to insurance as a contractual agreement that establishes legal obligations, emphasizing its role in covering economic risks and losses, particularly those related to liability, personal injury, and property damage. The report specifically focuses on professional liability in healthcare, highlighting the importance of insurance for healthcare professionals to protect against malpractice and enable employers to recover losses from employee negligence. The analysis covers medical malpractice liability, the different categories of risks involved, and the legal reporting periods. It emphasizes the liability of all medical professionals for their practices, the role of insurance companies in providing coverage, and the assessment process for claims. The report concludes with the importance of professional liability in ensuring quality patient care, patient safety, and quality performances in the medical practice.
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Running head: PROFESSIONAL LIABILITY 1
Professional Liability and Insurance Policies
Student’s Name
Institution’s Affiliations
Date
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PROFESSIONAL LIABILITY 2
Professional Liability and Insurance Policies
Introduction
Insurance is a formal agreement made by two groups to establish legal obligations for
both the insurer and the insured (Bauer, 2010). The purpose of the insurance policy signed is
to provide coverage for all economic risks and losses. The policy covers for people or groups
of people with common risks. The premiums are normally increased to ensure effective
coverage of the risks associated with the contract. The premiums are shared among the
involved participants with the common risks. The risks to be covered in the insurance policy
are grouped into different categories that include, liability, personal injury, and loss or
damage of property risks. Personal injury risks may occur due to an illness or an accident.
The liability risks to be discussed in this paper is typically professional because it deals with
the healthcare sector. It is important for health-care officers to take professional liability
insurance to protect themselves from hazardous practices (Bismark et al., 2013). Taking
professional liability policies is also important in enabling the employer to recover all losses
that may occur due to the negligence of employees. Professional liability policies secure the
employees from all malpractices in the profession.
Professional Liability for Healthcare Professionals
Analysis
The medical profession involves various practices that require experiences and skills
to ensure the safety of the patient and the practitioner. Malpractice usually occurs in the
medical profession, therefore, causing risks and injuries to either the staff of the patient. The
medical specialty society has provided various medical liabilities to guide professionals in
their daily practices and prevent the occurrences of the risks related to the medical
malpractices (Schwartz et al. 2013). One of the liability policies is medical malpractice
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PROFESSIONAL LIABILITY 3
liability. The risks categories involved in the medical malpractice liability include liability
risk, property damage and loss, and personal injury. Medical malpractices may occur due to
the negligence of the staff, therefore, causing injuries on the patients and damage of property
(Carrier et al., 2010). The concerned professional staff also be injured during the malpractice.
The Federal laws provide for a maximum period of three months to report any risk, injury or
loss incurred in the medical profession due to malpractices. Affirmative action or lawsuit may
not be taken against the employee liable for risk if the reporting is done after the specified
period.
Description of the Liability
All medical professionals are liable for the practices they engage within the premises
of the healthcare facility. The medical specialty society recommends for liability of all
medical staff to reduce the risks related to professional malpractices (Pettker et al., 2014). In
this case, lawsuits apply to all medical staffs involved in professional malpractices in the
country. The liability is important in ensuring that the employees promote patient advocacy
within the premises of the facility required by the profession. Patient advocacy promotes
patient safety and prevents the occurrence of injuries that may threaten the lives of the
patients, therefore, improving patient outcomes (Dower, Moore & Langelier, 2013). The medical
professionals are liable for ensuring that their operations comply with the safe practice within
the jurisdictions of the facility, therefore, ensuring an effective realization of the medical
objectives. The professional standards of practice and ethical values also make the medical
staff reliable for their practices in promoting patient safety and preventing unethical
behaviors.
Coverage of the Liability Insurance
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PROFESSIONAL LIABILITY 4
Insurance companies are responsible for providing insurance coverage for all risks
and losses incurred in the medical practice. There has been an increase in the number of
lawsuits in the courts due to the liabilities related to the professional malpractices. Many
medical specialists like surgeons, internists and obstetricians are seeking for medical
coverage to avoid the lawsuits that may be directed to them as a result of the malpractices.
The coverage also reduces medical costs and increases patient access to medical care. The
insurance provides coverage for all injuries that occurred in the practice (Schwartz et al. 2013).
Desirable claims on the incurred losses are only paid after a critical assessment of the risks is
done. The assessment is done determine the efficacy of the coverage and the possible causes
of the injuries and losses, therefore, coverage is not made on the injuries and losses resulting
from the negligence of the medical staff.
Conclusion
In conclusion, professional liability is important in ensuring quality patient care,
patient safety and quality performances in the medical practice. The analysis of the literature
sources is important in promoting professionalisms and preventing risks related to
professional malpractices. The analysis of the article and the provided chapters provide
insightful information that helps in ensuring professional liability. It is important to assess the
nature and causes of the injuries and losses resulting from the identified risks to determine the
coverage to be provided. Coverage should not be provided for risks and losses that arise from
staff negligence.
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PROFESSIONAL LIABILITY 5
References
Bauer, J. C. (2010). Nurse practitioners as an underutilized resource for health reform: Evidence
based demonstrations of costeffectiveness. Journal of the American Academy of Nurse
Practitioners, 22(4), 228-231.
Bismark, M. M., Spittal, M. J., Gurrin, L. C., Ward, M., & Studdert, D. M. (2013). Identification of
doctors at risk of recurrent complaints: a national study of healthcare complaints in
Australia. BMJ quality & safety, 22(7), 532-540.
Carrier, E. R., Reschovsky, J. D., Mello, M. M., Mayrell, R. C., & Katz, D. (2010). Physicians’ fears of
malpractice lawsuits are not assuaged by tort reforms. Health Affairs, 29(9), 1585-1592.
Dower, C., Moore, J., & Langelier, M. (2013). It is time to restructure health professions scope-of-
practice regulations to remove barriers to care. Health Affairs, 32(11), 1971-1976.
Pettker, C. M., Thung, S. F., Lipkind, H. S., Illuzzi, J. L., Buhimschi, C. S., Raab, C. A., ... & Funai, E.
F. (2014). A comprehensive obstetric patient safety program reduces liability claims and
payments. American journal of obstetrics and gynecology, 211(4), 319-325.
Schwartz, R. L., Furrow, B. R., Greaney, T. L., Johnson, S. H., & Stoltzfus Jost, T. (2013). Health law:
cases, materials, and problems. West Academic Publishing.
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