Other Medical Malpractice Insurance

Malpractice Insurance for Other Establishments

All establishments that offer any kind of healthcare are exposed to claims against them for medical malpractice (injury to a client or patient as a result of professional services rendered) and claims against them for defamation, breach of confidentiality, public and products’ liability and professional negligence.

Pursuant to its proclamation in the Government Gazette of 27 February 2012, Section 46 of the National Health Act (‘NHA’) is now in operation. Section 46 states the following:

"Obligations of private health establishments.—Every private health establishment must maintain insurance cover sufficient to indemnify a user for damages that he or she might suffer as a consequence of a wrongful act by any member of its staff or by any of its employees."

Although there is still some dispute as to the interpretation of this section, for example, what would be deemed to be ‘sufficient’ cover, the proclamation of this section now means that it is compulsory for all privately owned practices, health establishments, etc, to have medical malpractice insurance in place.

Many private practices are unaware that the individual indemnity arrangements that each practitioner in the practice may have in place, will often not respond to a claim against that practice, made for example as a result of an employee or a locum’s negligence.

These incorporated practices are therefore effectively not compliant with the provisions of this section of the NHA.

We can assist any healthcare establishment (including partnership and incorporated practices where the individuals all have and wish to maintain their own indemnity cover) in obtaining medical malpractice insurance which would comply with the provisions of the NHA.

Aside from incorporated practices, we can also assist nursing and old age homes, ambulance services, rehabilitation clinics, emergency healthcare providers and any other establishment with their medical malpractice insurance requirements.

If you would like us to obtain quotes for your consideration, please contact us at info@cfpbrokers.co.za.

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Other Medical Malpractice Insurance

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