Professional indemnity insurance – a measure to share the professional liability
Journal name: Ayushdhara
Original article title: Professional indemnity insurance – a measure to share the professional liability
AYUSHDHARA is an international peer-reviewed journal. It focuses on research in Ayurveda, Yoga, Unani, Siddha, Homeopathy, Allopathy, and Pharmaceutical Sciences.
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Vertika Srivastava*
Assistant Professor, Dept. of Agad-Tantra, Santushti Ayurvedic Medical College and Hospital, Hinauti, Dagmagpur, Chunar, Mirzapur
Jayant J. Phadke
Professor & H.O.D, Dept. of Agad-Tantra, PDEA’S College of Ayurved & Research Centre, Nigdi, Pune, Maharashtra
Ayushdhara:
(A peer-reviewed, bi-monthly open-access journal)
Full text available for: Professional indemnity insurance – a measure to share the professional liability
Year: 2019
Copyright (license): CC BY-NC-SA 4.0
Download the PDF file of the original publication
Summary of article contents:
Introduction
Ayurved, as a holistic science, embodies comprehensive principles and clinical practices, yet it is not immune to human errors. The implementation of the Consumer Protection Act has heightened public awareness surrounding medical negligence, resulting in numerous legal actions against practitioners seeking compensation for perceived medical errors. In response to this increasing scrutiny, the concept of Professional Indemnity Insurance (PII) has emerged as a critical safety measure for healthcare professionals, including those in Ayurved, enabling them to shield themselves from the liabilities stemming from potential errors and omissions in their practice.
Understanding Professional Negligence
Professional negligence is defined as the failure of a medical practitioner to exercise reasonable care and skill while treating a patient, leading to injury or death. This fundamental concept is crucial for understanding the legal landscape faced by healthcare providers. The ramifications of negligence claims have been escalating, with a reported 110% rise in medical negligence cases in India in recent years. The growing demands for accountability have prompted professionals, including Ayurvedic practitioners, to consider securing PII that can protect them from the financial consequences associated with such claims.
The Role of Professional Indemnity Insurance
Professional Indemnity Insurance serves as a protective mechanism that compensates practitioners for financial liabilities arising from negligence claims. Introduced for medical professionals in India in 1991, this insurance not only covers the defense costs related to such claims but also assists in managing professional conduct. Eligible individuals include registered medical practitioners across various disciplines, including Ayurved, as well as medical establishments. With affordable premium rates and comprehensive coverage options, PII is gaining traction amongst practitioners, offering them a safety net amidst the increasing litigious environment surrounding medical practice.
Conclusion
The implementation of Professional Indemnity Insurance presents a vital opportunity for Ayurvedic practitioners and other medical professionals to safeguard their practices against the rising tide of compensation claims. While this insurance can mitigate financial risks associated with professional negligence, it is essential to note that no policy can protect professional reputation entirely. Ultimately, securing PII offers practitioners much-needed peace of mind, allowing them to focus on providing quality care without the looming threat of legal repercussions undermining their practice.
FAQ section (important questions/answers):
What is the purpose of Professional Indemnity Insurance for practitioners?
Professional Indemnity Insurance is designed to protect professionals from financial liabilities arising from errors, omissions, or negligence while providing their services. It offers security against claims and legal costs, thus safeguarding practitioners' financial interests.
Who is eligible to obtain Professional Indemnity Insurance?
The policy is available for various professionals, including doctors, medical practitioners, Ayurvedic practitioners, engineers, lawyers, and others. It covers registered medical professionals as well as medical establishments, protecting them from legal liabilities due to professional errors.
What are the benefits of having Professional Indemnity Insurance?
This insurance provides legal defense, pre-litigation advice, and indemnity for losses arising from claims of professional negligence. It enhances the credibility of practitioners by offering financial protection against liability claims, making it essential for conscientious professionals.
Glossary definitions and references:
Scientific and Ayurvedic Glossary list for “Professional indemnity insurance – a measure to share the professional liability”. This list explains important keywords that occur in this article and links it to the glossary for a better understanding of that concept in the context of Ayurveda and other topics.
1) India:
India is significant in the context of the provided text as it discusses the rise of medical negligence cases within the country, highlighting the need for Professional Indemnity Insurance among Ayurvedic and other medical practitioners. The text compares physician-to-population ratios between India and other countries, emphasizing the higher risk of negligence.
2) Srivastava (Sri-vastava, Shrivastava, Shri-vastava):
Vertika Srivastava is one of the authors of the article titled 'Professional Indemnity Insurance – A Measure to Share the Professional Liability.' She is an Assistant Professor in the Department of Agad-Tantra at Santushti Ayurvedic Medical College and Hospital in Mirzapur, India.
3) Medicine:
In the context of the text, medicine refers to the field that involves the study and practice of diagnosing, treating, and preventing diseases. Forensic Medicine and Jurisprudence are mentioned, providing medical professionals with the necessary knowledge of ethics and laws to mitigate liabilities.
4) Tantra (Tamtra, Tantrism):
Tantra here refers to 'Agad-Tantra,' which is a department within Ayurvedic studies focusing on toxicology. Dr. Vertika Srivastava is associated with this department at Santushti Ayurvedic Medical College and Hospital.
5) Toxicology:
Toxicology is implied within the broader context of Agad-Tantra, the Ayurvedic branch that deals with the study of poisons and their antidotes. The name of this department is linked to Dr. Vertika Srivastava’s professional title.
6) Parikh:
The name Parikh refers to Dr. C.K. Parikh, who authored the 'Text Book of Medical Jurisprudence, Forensic Medicine and Toxicology,' a citation provided in the references of the article.
7) Death:
Death is relevant in the context of professional negligence, particularly when it results from medical errors or omissions by practitioners. The text outlines the liability and compensations arising from such events.
8) Maharashtra (Maharastra, Maha-rashtra):
Maharashtra is relevant due to Dr. Jayant J. Phadke, one of the authors, who is affiliated with PDEA’s College of Ayurved & Research Centre in Nigdi, Pune, Maharashtra, India.
9) Discussion:
The discussion section of the article delves into the criteria for who can take a Professional Indemnity Insurance policy, covering various professionals beyond medical practitioners. It also outlines general rules, regulations, and methods of claiming the insurance.
10) Knowledge:
Knowledge is emphasized in the article through the need for medical practitioners to have a thorough understanding of ethics and laws provided by Forensic Medicine and Jurisprudence. This knowledge is critical for maintaining practice standards and addressing legal liabilities.
11) Anguish:
Anguish is mentioned as one of the mental states that are not covered under Professional Indemnity Insurance. It is listed alongside other exclusions like resultant mental shock or injury.
12) Nature:
Nature refers to the type of loss covered by Professional Indemnity Insurance, explicitly excluding pure financial nature or loss of goodwill. The coverage focuses on tangible losses rather than intangible assets.
13) Indian:
Indian is relevant as the context of the article is set in India, discussing provisions like Professional Indemnity Insurance for Indian medical practitioners, with statistics about medical negligence cases and reference materials from Indian authors.
14) Vidhi:
Vidhi is part of 'Vidhi Vaidyak Avum Vyavahar Ayurved,' translating to Forensic Medicine and Jurisprudence in Ayurveda. This field provides medical practitioners with necessary ethical and legal knowledge to avoid liabilities.
15) Ayus (Ayush):
Ayush refers to the Ayurvedic holistic science discussed in the article. It highlights how Ayurvedic practitioners are covered under Professional Indemnity Insurance and the necessity of such policies in the context of increasing legal claims against ayurvedic therapies.
16) Doubt:
Doubt pertains to the certainty discussed in the practice of Ayurvedic medicine. Despite being a holistic science with strong foundational principles, errors do occur, prompting the need for Professional Indemnity Insurance to safeguard against liabilities.
17) Money:
Money is relevant in the context of the financial protection Professional Indemnity Insurance offers to medical professionals. It helps cover the cost of legal claims and the practitioner's defense, though it cannot restore lost reputation.
18) Pune:
Pune is significant as one of the article's authors, Dr. Jayant J. Phadke, is a professor at PDEA’s College of Ayurved & Research Centre located in Nigdi, Pune, Maharashtra, India.
19) Drug:
Drug is mentioned in the exclusions under the limitation section. The use of a drug, for purposes such as weight reduction by a dentist or dental surgeon, falls outside the coverage of Professional Indemnity Insurance.