Medical malpractice or negligence is professional negligence resulting from an:
- act or
on the part of a health care provider in which the care provided deviates from accepted standards of medical practice and causes injury or death to the patient.
When issues of medical negligence arise, the conduct and actions of the accused medical professional are weighed against the level of competency and professionalism his peers would have in the same or similar circumstances.
A person claiming medical negligence must suffer some real harm that has been caused by a substandard level of medical care. The damage suffered must be harm that a patient would not have experienced if a medical professional or institution had acted properly and not acted negligently.
Medical Malpractice insurance is designed to protect the health care worker in the case where he or she is sued for negligence.
In Hong Kong members of the Hong Kong Medical Association have access to malpractice insurance by way of the association.
As a result, the medical malpractice cover available is not available to medical doctors, physicians or surgeons and is instead only available to the likes of:
- Eye hospitals /Laser eye centres
- Nursing homes /Aged care facilities
- Traditional Chinese Medicine physicians
- Beauty parlours (non surgery)
Although rare, some insurers also provide cover for Clinical Trial Insurance on an annual or specific trial basis.
COVID 19 Update
Following the COVID 19 outbreak, insurers in Hong Kong are refusing to underwrite medical malpractice cases, especially if these involve overseas risks or even where there are online consultations being undertaken that give global exposure.
Coverage Highlights of Chubb's Malpractice Policy
What it covers
- Cover for civil liability claims arising from an act, error or omission in the provision of professional healthcare services
- Cover for legal representation costs incurred directly in connection with formal inquiries into the conduct of professional healthcare services
- Vicarious liability for doctors (including locums), consultants, contractors, subcontractors and agents
- Cover for Good Samaritan Acts
- Cover for unintentional intellectual property infringement
- Cover for reasonable and necessary costs of replacing or restoring lost documents
- Automatic cover for new subsidiaries acquired or created during the period of insurance (applies to medical establishments only)
- Automatic run-off coverage
- Advancement of defence costs and legal representation expenses
- Chubb has partnered with a leading healthcare advisory consultant, Asia Care Group, to provide their Insureds with a suite of risk management services to help curtail your exposures.
- Services include:
- Risk review
- Benchmarking of risk via a structured diagnostic tools
- Support to conduct clinical audits
- Educational workshops
- Development of a balanced scorecard to support enterprise risk management
- Development of risk policies and patient safety guides
- Global network support as Chubb’s multinational capabilities offer global risk management advice and policy issuance to their insureds around the world
- Risk management and support from a financially secure insurer – Chubb’s core operating insurance companies are rated AA for financial strength by Standard & Poor’s and A++ by A.M. Best*
- Prompt claims resolution by Chubb's local claims service to help our insured resume their operations quickly
Chubb Medical Malpractice Documents
Chubb Articles concerning the need for Medical Malpractice Insurance.
QBE Hong Kong's Medical Malpractice Insurance provides a comprehensive solution that protects medical professionals and medical establishments from potential legal action that may result from their provision of medical services or activities.
Not only does the policy cover compensation claims themselves, but as well, protects against the financial burdens of litigation and the associated legal costs.
QBE Malpractice policy documents