Private Practice Insurance FAQ
The Arachas AOTI Insurance Scheme has been developed specifically to meet the needs of the Association of Occupational Therapists of Ireland and to give you the peace of mind that can only be found in a robust package of insurance cover.
For further information please go to: Arachas Team on 01 2935344 or [email protected]
In order to support members, we have worked with Arachas to provide answers in relation to some frequently asked questions in relation to insurance.
What is Public Liability Insurance?
This insurance protects you from anyone suing you whereby they can prove you were negligent in some way, either for property damage and or bodily injury. You have a duty of care to your patients and to members of the Public. Public liability insurance covers the cost of claims made by members of the public for incidents that occur in connection with your business activities. Public liability insurance covers the cost of compensation for personal injuries and or loss of or damage to property.
What is Medical Malpractice Cover?
Medical Malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act of omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligence can also arise for errors, misdiagnosis, treatment, aftercare or health management.
What is Professional Indemnity Cover?
Professional liability helps protect professional advising, consulting, and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client. The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder. These are causes for legal action that would not be covered by a more general liability insurance policy which addresses more direct forms of harm. Professional liability insurance may take on different forms and names depending on the profession, especially medical and legal, and is sometimes required under contract by other businesses that are the beneficiaries of the advice or service.
What is Fitness to Practice Cover?
Fitness to Practice cover is included within each individual private practice insurance cover or can be purchased as a stand alone policy for professionals who do not require PPI.
What is the meaning of Fitness to Practice cover?
When we say that someone is 'fit to practice' we mean that they have the appropriate skills, knowledge, character and health to practice their profession safely and effectively. However, fitness to practice is not just about a practitioner's clinical performance or health.
Fitness to Practice cover provides members with access to a 24/7 Legal Helpline and covers the legal cost of representing and advising members at Fitness to Practice hearings arising from complaints to CORU, the Irish Health & Social Care Professionals Regulator, in cases where there are reasonable prospects of avoiding or mitigating sanctions CORU might impose.
This policy will provide the means for practicing Members to defend allegations or complaints made to CORU concerning a Members’ fitness to practice.
What is Property and Equipment cover?
Cover under the above is for your own Personal property and equipment that is used within your line of business – Cover under the policy is up to €1,500.
What is Crisis Containment Cover?
This is a form of insurance cover designed to help you in times of a crisis, when a difficult situation has not been dealt with effectively and has resulted in adverse publicity.
What is Loss of Documents cover?
The cost or expense incurred by the Insured (and to which the Insurer has consented) in replacing and restoring Documents either owned by or the responsibility of the Insured in the conduct of the Insured’s Professional Business which are discovered lost or damaged and notified to the Insurer during the Policy Period.
Why do I need insurance?
You as a professional have a duty of care to your patients and also to members of the public, to cover yourself in all eventualities you must have in place your own insurance cover.
How much cover do I need?
Our recommendation to you is that you have the following covers in place, that will cover you in all eventualities of a claim and they are as follows:
- Public Liability Insurance
- Medical Malpractice cover
- Professional Indemnity
- Fitness to Practice cover
- Property and Equipment
- Crisis Containment Cover
- Loss of Documents
Can I cover previous business activity?
No cover is based on an annual basis.
Do I need to be an AOTI member to avail of Arachas insurance?
Yes, to avail of the covers and premiums you must be a practicing type member of AOTI. You must have been a practicing type member of AOTI if you wish to avail of run off cover when you retire or are no longer in private practice.
Does insurance cover just my clinical practice or is my premises/person liability also covered?
Your insurance cover goes with you no matter where you go, however the cover only covers you, and if you have your own private clinic, you must obtain a clinic policy to cover any Property Damage on your premises.
Am I covered to work in all locations - clinic, home visit, nursing home etc?
Yes, cover goes with you no matter where you go.
Am I covered even if there is evidence of malpractice?
Yes, full cover for Medical Malpractice up to a limit of €6.5million.
I work with the HSE and do not work privately. Do I need any additional insurance?
Our recommendation is that you obtain a Fitness to Practice cover, that can be obtained on a standalone basis.
I work full time in private practice and also employ two OTs. What insurance do I need?
Firstly the 2 employees must have their own individual insurance, if you have a clinic, you must obtain a clinic policy and within the clinic policy cover it is advised that you include contingency cover.
What is Contingency cover?
Only relevant for OTs who employ staff in their private practice. It gives cover if a claim is made against a former staff member who is no longer contactable or no longer insured. Therefore, contingency cover would be required in this scenario. This is a safeguard for you and your business, if staff move on.
Can I get insurance as a new graduate?
Once you are a practicing type member of AOTI and a registered with CORU, you can obtain your own individual policy.
I am retiring this year. Should I let my insurance lapse?
No. Our recommendation is that you have “run off cover”, as the policy is on a claims made basis, and if a claim is brought against you after your policy has lapsed, you have no insurance in place.
I plan on travelling abroad to work as an Occupational Therapist. Does this insurance cover you to work abroad? Or do I also need insurance in the country I will be working in?
To obtain this insurance policy you must be resident within the ROI, if you are travelling to another county, you must seek an insurance policy of the country of origin that you will be residing in.
What should I do in the event of a claim/complaint to CORU?
Fitness to Practice cover provides members with access to a 24/7 Legal Helpline and covers the legal cost of representing and advising members at Fitness to Practice hearings arising from complaints to CORU, the Irish Health & Social Care Professionals Regulator, in cases where there are reasonable prospects of avoiding or mitigating sanctions CORU might impose.
To contact the above services, phone 0818 670 747 quoting your policy no.. To help check and improve their service standards, all calls to the above helplines are recorded.
What happens if the complaint is made to my employer? Is that different?
Yes, this is up to your employer to deal with the complaint.
What happens if there is a CORU complaint against me and I don’t have insurance?
You could be held personally liable for any legal costings.
If my membership lapses during my insurance period and I do not renew at all, or have a temporary lapse before I renew, am I still covered until the end of my insurance renewal, should I advise AOTI or Arachas?
You must be a fully paid-up member with the AOTI to avail of the insurance scheme. If your membership has lapsed you must advise Arachas immediately
Arachas Corporate Brokers Limited t/a Arachas is regulated by the Central Bank of Ireland. Company registration number: 379157
