Understanding your professional risk: why relying on employer-provided liability coverage is risky business.THE IMPORTANCE OF HEALTH CARE PROFESSIONALS, such as dental hygientists, protecting themselves individually against liability, rather than relying on employer-provided insurance, has never been greater. Patients today have high expectations of health-care services as technology, education and training continue to improve. A liability claim can be devastating dev·as·tate tr.v. dev·as·tat·ed, dev·as·tat·ing, dev·as·tates 1. To lay waste; destroy. 2. To overwhelm; confound; stun: was devastated by the rude remark. financially without adequate insurance to obtain legal counsel. Even a frivolous Of minimal importance; legally worthless. A frivolous suit is one without any legal merit. In some cases, such an action might be brought in bad faith for the purpose of harrassing the defendant. allegation can result in crippling crip·ple n. 1. A person or animal that is partially disabled or unable to use a limb or limbs: cannot race a horse that is a cripple. 2. A damaged or defective object or device. tr.v. defense costs. But an inability to afford legal counsel to defend a professional reputation or accreditation could lead to a loss in employment. Health-care professionals who arrange liability insurance through their professional association receive coverage that best protects them. This type of insurance often shields assets and covers legal expenses to defend not only against claims and allegations, but also against complaints to the professional's regulatory body. Employer-provided liability insurance, on the other hand, is designed to protect the best interest of the employer and the clinic or office. Professional staff are protected only to the extent that the employer is satisfied that the operation as a whole is adequately covered. This type of insurance usually does not include legal defense reimbursement Reimbursement Payment made to someone for out-of-pocket expenses has incurred. for complaints to a regulatory or disciplinary body, or for criminal allegations when a professional is found not guilty. Liability coverage negotiated and provided through professional membership protects individual professionals regardless of the location they work in, subject to the specific policy and scope of practice covered. Another invaluable aspect is that these liability policies usually cover professionals on a "claims made" basis, which means that the coverage in place when a claim is made will apply regardless of when the incident actually occurred. To offer this kind of protection, an employer would have to purchase a retroactive Having reference to things that happened in the past, prior to the occurrence of the act in question. A retroactive or retrospective law is one that takes away or impairs vested rights acquired under existing laws, creates new obligations, imposes new duties, or attaches a policy date to cover incidents that took place while an employee was working somewhere else, which is often prohibitively pro·hib·i·tive also pro·hib·i·to·ry adj. 1. Prohibiting; forbidding: took prohibitive measures. 2. expensive. Health-care professionals who purchase liability coverage through professional organizations, such as the Canadian Dental Hygienists dental hygienist n. A person trained and licensed to provide preventive dental services, such as cleaning the teeth, usually in conjunction with a dentist. Association, are fully covered against claims made in Canada Made in Canada may also mean Country of origin. Made in Canada is a Canadian television situation comedy which aired on the CBC from 1998 to 2003. In the United States, France, Australia and Latin America, the show was syndicated as The Industry. , regardless of the date or location of the incident. Brian Gomes is an account executive at Aon Reed Stenhouse. [ILLUSTRATION OMITTED] |
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