The profession of therapy demands personal interaction with people on a day-to-day basis and therapists face situations daily where you are open to the possibility of charges of wrongdoing. Your clients could hold you responsible for damages they have received, resulting from an alleged negligent act, error, omission or malpractice arising out of your professional capacity as a therapist.
In the unfortunate event that such an allegation is made, a Professional Liability policy will provide coverage for defense costs and expenses and any subsequent damages awards making this type of insurance essential for all healthcare professionals.
For those therapists that are employed by a Healthcare Service provider, the Professional Liability coverage placed by their employers will provide coverage for those incidents arising while the therapist is acting within the scope of their duties performed on behalf of the employing entity.
In addition to the coverage provided by an employers Professional Liability policy, it is also advisable for Therapists to consider purchasing an individual Professional Liability policy for the following reasons:
Do I have enough coverage?
Today's astronomical malpractice awards can quickly exceed coverage limits. If you, as an individual, are named in a malpractice lawsuit and your legal costs and settlement or judgment exceeds the limits under your employer's policy, you may be required to make up the difference. An individual policy will provide additional coverage up to the limits selected (typically $1,000,000 per claim / $3,000,000 annual aggregate).
Am I covered when I am off-duty?
Many policies cover you only when you're working. That means you could be financially liable for contract work performed after hours, Good Samaritan assistance, volunteer activities or even casual advice to a friend or neighbor. Individual policies usually provide protection to you 24 hours a day, 365 days a year.
Is my coverage shared with others?
If you're covered by an employer's policy, your liability limits may be shared by other defendants. Shared limits decrease your individual protection and increase your personal financial liability. Even worse, in some states you could be found liable for the financial responsibility of others. An individual Professional Liability policy provides 100% personal protection with no shared limits.
Does your employer-provided insurance include license protection?
In addition to being named in a malpractice lawsuit, one of the most serious risks that healthcare professionals face is the suspension or withdrawal of their license - without which you lose your ability to work. Employers rarely provide license protection, and in fact, may even be the source of the complaint. An individual policy will usually provide coverage for your defense of disciplinary charges arising out of covered medical or non-medical incidents.
To illustrate how therapists can be vulnerable to Professional Liability claims, the following is a summary of a recent claim filed alleging a negligent act, error or omission against a physical therapist:
Richey v. Turocy
The lawsuit was brought against the hospital, defendant orthopedic surgeon and the physical therapist. The plaintiff alleged that the defendant's physical therapy treatment caused a subsequent heart attack. The defendant hospital maintained that the defendant physical therapist was experienced, properly trained and should not be expected to make a referral outside the scope of the therapy. The verdict was rendered in favor of all defendants.
Reduce Your Risk with this Liability Checklist
As you begin each workday, your main goal is to provide the best possible care to your patients. But in this litigious society, you also have to make sure that none of your actions leave you vulnerable to a lawsuit. A quick reference of basic risk management guidelines may help to ease your concerns and no matter what field you work in, these basic tips can go a long way toward keeping you from being sued.
Know your job
Always ask yourself if the care you're about to give is within your scope of practice. If you have any doubts, consult your employer. Your employer has written standards of practice, based on your State practice act, your professional organization's guidelines, and your facility's policies and procedures.
Stay up-to-date.
Be sure you're competent to perform your job. Keep your certification current. Make sure you receive timely, adequate training on new equipment and never use equipment you haven't been trained on. If you feel your skills are insufficient in a particular area, ask about additional training.
Maintain your professionalism.
A patient is less likely to sue a healthcare provider she likes, so be sure to act professionally. Always treat the patient with respect. If possible, speak to her directly and maintain eye contact. Listen attentively and don't interrupt. Ask the patient if she has any questions: If her concerns fall outside of your scope of practice, contact the appropriate healthcare provider to come and see the patient.
Document, document, document.
It's become a risk management cliche, but it's true: If you didn't document it, you didn't do it. If you fail to write down that you did a thorough assessment or provided the patient with a particular treatment, it could become your word against hers in a lawsuit. Be sure to document the status of the patient before and after treatment, how receptive she was to patient education, and your response to any concerns she had.
Chart any telephone conversations you have with the patient, family, or other healthcare professionals about the case. Document, too, any time the patient cancels treatment or fails to keep an appointment. If she repeatedly misses appointments, make a notation of your attempts to contact her to discuss the problem. Make sure all of your entries in the patient's chart are legible and easy to comprehend.
Protect patient confidentiality.
Discuss the patient's care only with the appropriate personnel. Never talk about a patient in a public place, such as an elevator or cafeteria. If you have to fax patient information, make sure the recipient is standing by to receive the transmission so no one else reads it.
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