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Medical Malpractice Insurance

Medical Malpractice Insurance

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What is Medical Malpractice Insurance? 

Medical Malpractice Insurance is professional indemnity insurance. Under UAE law, insurance against medical malpractice is a mandatory requirement for all medical practitioners. A DHCA-licensed healthcare professional can purchase this insurance to stay protected from any claim arising out of medical malpractice, including negligence, misdiagnosis, and wrong treatment causing harm to the patient. It must be noted that each policy sets the minimum requirements for claiming a Medical Malpractice Insurance certificate in case of an incident.

In case of any medical malpractice, the claimant can seek financial compensation from the court for the damages. As the compensation amount is generally large in such cases, Medical Malpractice Insurance can be a useful resource for medical professionals to cover legal expenses. These policies cover claims emanating from injury, death, mental trauma, and other forms of bodily injuries caused to the patients. 

Who needs Medical Malpractice Insurance?

All healthcare professionals, including DHCR-licence holders practicing in the UAE, need Medical Malpractice Insurance. The list of medical professionals includes

  • Medical and Dental professionals
  • Nursing professionals 
  • Allied healthcare professionals
  • CAM (Complementary Alternative Medicine) professionals and practitioners
  • Faculty professionals
  • Trainees
  • Specialists
  • Surgeons
  • Dentists
  • General Practitioners
  • Diagnosticians and lab staff

Note that the Malpractice Insurance policy does not cover research studies and clinical trials of human subjects. 

Why get Medical Malpractice Insurance?

All DHCR-licensed Healthcare Professionals must get Medical Malpractice Insurance(MMI) due to the following reasons:

  • To get maximum financial protection without facing financial damages in case of a medical error
  • To get an MMI certificate that serves as a reference for DHCA-licensed healthcare professionals
  • To secure peace of mind 

Common risk scenarios in Medical Malpractice Insurance

  • Surgical errors 
  • Consent failure 
  • Any error in the diagnosis of cancer, including delay or failure in diagnosis
  • Any error or failure in diagnosing a fracture or trauma, including wrong treatment
  • Any wrong drug treatment
  • Delay in medical consultation and treatment
  • Any neglect in birth and maternity care

Major Inclusions of Medical Malpractice Insurance

Medical Malpractice Insurance generally offers coverage for

  • Coverage for legal costs: It covers the expenses arising from financial compensation/damages awarded by a court for claims related to bodily or mental injury or death caused by the insured medical professional's omission, negligence, or wrong treatment. 
  • Coverage for lawyer’s fees: Medical Malpractice Insurance covers the lawyer’s fees and court charges in defending lawsuits or monetary compensation demand from the aggrieved party. 
  • Coverage for claimant’s loss of income: Medical malpractice coverage is also provided to the claimant for any loss of income resulting from the wrong medical treatment of the medical professional. 
  • Cover for pain and suffering: Medical Malpractice Insurance in UAE can also provide coverage for the pain and suffering caused to the patient by the medical practitioner's wrongful treatment, diagnosis, or treatment delay. 
  • Coverage for breach of confidentiality: Coverage is extended for acts involving the disclosure of personal details without consent leading to mental anguish or other forms of bodily injury claim.
  • Coverage for loss of documents: The policy covers costs associated with the restoration and retrieval of valuable lost documents due to the negligence of the insured.

Major Exclusions of Medical Malpractice Insurance

The following are the major exclusions in cases of Medical Malpractice Insurance:

  • Under Narcotic Influence: Coverage is not extended to services performed under the influence of intoxicants or narcotics. 
  • Fines and penalties: Coverage excludes any fine or penalty charge against the insured medical professional.
  • Services other than a medical profession: The insured medical practitioner can not avail of coverage for unlicensed or unpermitted medical services. 
  • Expired MMI: Any claim for Malpractice Insurance for doctors after the Medical Malpractice Insurance plan expires will be invalid. 
  • Criminal Act: This policy does not cover the insured for acts that violate any law or ordinance.

Factors Determining the Pricing of a Medical Malpractice Insurance

The Medical Malpractice Insurance policy cost is primarily determined as per the following factors:

  • Limit of Insurance
  • Previous claim experience
  • Years of experience
  • Education qualification
  • Specialisation

DHCR in the UAE has the right to inspect and evaluate the MMI validity for any healthcare professional at any time. Any report of noncompliance with the Medical Malpractice Insurance policy will result in penalty charges for the concerned medical professional. 

At Policybazaar UAE, we take pride in our world-class risk assessment capabilities and plans which enable us to craft cost-effective risk management strategies through insurance that cater to your specific requirements. We are here to provide you with the peace of mind which is crucial to safeguard your business and achieve your future objectives.