Professional Liability Insurance. Selling insurance is partly based on fear and marketing of the unlikely and the containable The reality is if it was.

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Presentation transcript:

Professional Liability Insurance

Selling insurance is partly based on fear and marketing of the unlikely and the containable The reality is if it was very common or major such as Acts of God you could not insure against it!! It is sold against a personal judgement of risk, a personal pride in ones good name and particularly to give one personal peace of mind Some policies have sufficient margins to be a major source of potential profit EG extended warranties sold with domestic appliances. Some sales techniques confuse the buyer and make comparison difficult see mobile phones and energy tariffs.

“The chief beneficiary of life insurance policies for young, single people is the life insurance agent” – Wes Smith “Insurance is like marriage. You pay, pay, pay, and you never get anything back” – Al Bundy “The Act of God designation on all insurance policies; which means, roughly, that you cannot be insured for the accidents that are most likely to happen to you.” - Alan Coren Quotes on Insurance

There has always been a requirement with the Code of Ethics previously published by the Royal Pharmaceutical Society for all practising pharmacists to ensure all activities they undertake are covered by professional indemnity arrangements. The new regulator - The General Pharmaceutical Council has carried that requirement into the Standards of conduct, ethics and performance (standard 7.9), which requires you to "Make sure that all your work, or work that you are responsible for, is covered by appropriate professional indemnity cover"

The GPhC accepts that registrants may be covered by the Employers insurance arrangement as it is also a requirement of the GPhC Standards for pharmacy owners and superintendent pharmacists of retail pharmacy businesses (Standard 1.12) to “Make sure all professional activities undertaken by you or under your control are covered by adequate professional indemnity cover” but they recognise that registrants have a responsibility to confirm such arrangements

NHS Employees Undertakings to this effect by the NHS in all four countries Would advise that you have additional support of an accredited Trade Union for representation through NHS disciplinary processes and Regulatory tribunals, This is not a requirement of declaration. Additional Unite PLI will receive Trade Union support and have cover in place when working for a pharmacy employer, service company or other Pharmacist who has PLI cover whether as a direct employee or a self-employed locum

What is covered? Legal liability in respect of claims for breach of professional duty consequent upon any neglect, error or omission in providing advice, treatment or prescriptions in the course of the business anywhere in the world except USA/Canada where the person concerned is competent and qualified to undertake the duties.

What is covered? This includes full and part-time pharmacists within the NHS and the private sector and as a Pharmacy Locum at any time during the policy period. Self- employed persons, agency staff and students who are working for an Employer. Also covers duties undertaken outside the course of employment so long as the member is not carrying them out in a self-employed capacity working for themselves or as proprietors of organisations. For example unpaid professional work or assisting at a roadside accident.

What is covered by membership of GHP if I choose not to take out the policy? Representation in the workplace for Disciplinary and Grievance Issues, Sickness procedures, Organisational Change Internal Inquiries. Employment Tribunals for disputes that cannot be resolved with the employer.

What is covered by membership of GHP if I choose not to take out the policy? To the regulator’s disciplinary processes for practice undertaken during employment, and if working within the NHS the civil liability arrangements under the appropriate national civil negligence schemes. Negotiate on pay, and terms and conditions for pharmacists including submissions to the Pay Review Body. As a member, you will have a say through democratically constituted ballots

What are the additional benefits from the policy? Public and products liability cover for all employees both within and outside the NHS including pharmacy locum work of up to £3 million.

What are the additional benefits from the policy? Cost of legal representation at a coroner’s inquest or inquiry in respect of any death. The cost of defence of any criminal proceedings brought or in appeal against the Pharmacist for an offence of criminal manslaughter. Proceedings in any court arising out of any alleged breach of statutory duty, (including Corporate Manslaughter).

which is best" question is actually difficult to answer because we have so little experience of actions/claims against hospital pharmacists; pre-91 we had crown immunity and latterly we have NHS Trusts who are required to provide vicarious liability cover for their employees. personal opinion but hopefully reasonably informed.

The selling points for me of the Unite PII are:  Only £15 on top of Guild membership  The combination of Trade Union and Legal representation  The above having a history of dealing with public rather than private sector disputes  No sodding bulldog saying "oh yes!" to everything personal opinion but hopefully reasonably informed.

I have Unite PII but I'm not sentimental and wouldn't but into the Unite/Guild PII unless I thought it was as good as, if not better than that offered by others - I certainly don't buy it just because I'm a Unite member. personal opinion but hopefully reasonably informed.

“Fear is the best insurance we can buy” Hillary Briss: “Wives seldom believe in insurance, but widows always do” Dwight Dawson

“There are worse things in life than death. Have you ever spent an evening with an insurance salesman?” - Woody Allen