PARTNERING TO CREATE THE SAFEST HEALTHCARE SYSTEM What’s New in Law and Claims Risk Management Conference 27 April 2015 Mike Boyce, VP, Claims Gord Slemko, HIROC General Counsel

PARTNERING TO CREATE THE SAFEST HEALTHCARE SYSTEM Claims Cost Trends Why Are Slip & Fall Claims Happening More Often? Adult Stroke Issues – Changing Standards Infant Claims – Risk Mitigation Class Actions – What Are The Latest Developments Cyber Liability – Class Actions On A Big, Red Scooter Cyber Liability – What Your Organization & Board Needs What Shall we Talk About?

PARTNERING TO CREATE THE SAFEST HEALTHCARE SYSTEM The Cost of Claims 3 Slip & Fall Claims Average Incurred Cost Per Year (With IBNR) Malpractice Claims Average Incurred Cost Per Year (With IBNR)

PARTNERING TO CREATE THE SAFEST HEALTHCARE SYSTEM Population Getting Older? Visitors Getting Older? Buildings Getting Older? Maintenance Standards? Economic Climate? Climate Change? Legal Climate? Slip & Fall Claims Frequency: Why The Increase? 4

PARTNERING TO CREATE THE SAFEST HEALTHCARE SYSTEM Boyd v. Edington (2014) is still the most recent litigated matter Change in Standard Practice will be enforced by Courts Implication #1 – Check Your ED P&Ps! Implication # 2 – Work With Your Doctors! Adult Stroke Claims 5

PARTNERING TO CREATE THE SAFEST HEALTHCARE SYSTEM MORE OB Obstetrical P & P HIROC Risk Management – RACs – Monitoring – Notifying Physicians – Charting – Oxytocin – Hyperbilirubinemia Infant Claim Mitigation Approaches 6

PARTNERING TO CREATE THE SAFEST HEALTHCARE SYSTEM The Deadly Threat of Baby Photographers Moonlighting Nurses and Clerks Snooping Nosocomial Infections Theft of Patient Data? Corruption/Loss of Patient Data? Class Actions – What’s New? 7

PARTNERING TO CREATE THE SAFEST HEALTHCARE SYSTEM Loss of Portable Devices/Snooping remain the big issues in Canada No experience with Ransom/Extortion But HIROC believes cyber remains the growth area for class action claims What to do? – CALL HIROC EARLY! We can assist with decision-making regarding notification and with the costs Cyber Liability Claims 8

Cyber Liability: The Take-Aways HIROC offers very strong cyber-cover through its liability and property policies For Extortion & Ransom cover, see our Brokerage! Call HIROC!

PARTNERING TO CREATE THE SAFEST HEALTHCARE SYSTEM Questions? 10

PARTNERING TO CREATE THE SAFEST HEALTHCARE SYSTEM Special presentation 11