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Professional Liability Coverage

Coverage description refers to 'Practicing' members only. Should you have a different membership category contact SSMLT office for more information.

What is Professional Liability Insurance (PLI)?

Professional Liability Insurance also known as Errors and Omissions insurance protects you from incidents arising from your work as Medical Laboratory Technologist in Canada. This policy protects you from third-party claims arising from a single fault, error, omission or negligent act in the rendering of professional services.

Is there a difference between the coverage I receive as a SSMLT member only and as a SSMLT & CSMLS member?

Yes.

PLI for SSMLT Member only

As a practicing member of the Saskatchewan Society of Medical Laboratory Technologists you are automatically provided basic PLI which is included with your annual membership. Purchased by the member from a private insurance company the cost would be more than $500. This program covers MLTs for errors and omissions for services rendered while acting within the scope and duties usual and customary to the profession of medical laboratory technology. This coverage is on a claims-made basis which means that in order for coverage to apply, the claim must be presented during the current policy period. Thus once coverage ends it is as if you have never had coverage. There are a few exceptions: giving up practice (retired) or becoming unemployed. For those individuals coverage is indefinite for claims arising from services provided prior to their leaving the profession. Anyone who is on maternity or parental leave should maintain a membership category that includes PLI insurance.

Note: SSMLT is unable to purchase PLI for temporary members following the first unsuccessful attempt on the CSMLS certification exam. PLI must be purchased directly from CSMLS. A short application is required.

Coverage Details

1. Professional Liability Coverage Limits


  • $2,000,000/member per occurrence
  • $2,000,000/member annual aggregate
  • Deductible: nil

2. Exclusion (Sexual Abuse and Misconduct)


This exclusion was added to the policy in 2006 to make it clear that the insurer will not defend any professional liability claims in Civil Court that allege abuse. It reads as follows: "The policy shall not apply to any CLAIM resulting directly, indirectly, in whole or in part from any actual or alleged

  • (a) sexual, physical, psychological or emotional abuse, molestation or harassment committed by, at the direction of, or with the knowledge of any person insured by this policy, or
  • (b) failure of any person insured by this policy to prevent sexual, physical, psychological or emotional abuse, molestation or harassment

This exclusion applies regardless of any other cause or event contributing concurrently or in any other sequence to the loss."

Cyber Security and Privacy Liability

  • $50,000 per member, per claim, annual aggregate

3. Loss Prevention Information


Communication
Properly identify the patient. Explain the procedure and what the patient can expect. Make sure you have understanding and agreement before you begin.

Language
Always use clinical terms for anatomical parts.

Professional Behaviour
The best defence you have will be based on your character and professionalism. When other co-workers are present, be careful how you speak to one another in front or within earshot of the patient. Remember that the patient or the family may be listening. If you are involved in a claim, do not discuss it openly in the workplace because the plaintiff’s investigator may be present.

4. Important Conditions


  • You must immediately report an incident that may result in a claim to CowanInsurance Group Limited or to the insurer, Encon Group Inc., 500-1400 Blair Place, Ottawa, ON K1J 9B8
  • You may not take any action to defend yourself or to make any kind of settlement without the agreement from the insurer.

PLI for SSMLT & CSMLS Member

As a practicing member of the SSMLT and CSMLS, you are automatically provided enhanced PLI which is included with your annual membership. Purchased by the member from a private insurance company the cost would be anywhere from $1,600 to $2,500 per year. This program covers MLTs for errors and omissions for services rendered while acting within the scope and duties as Medical Laboratory Technologist. as well as Legal Defense coverage. This coverage is on a claims-made basis which means that in order for coverage to apply, the claim must be presented during the current policy period. Thus once coverage ends it is as if you have never had coverage. There are a few exceptions: retirement, death and disability. For those individuals coverage is indefinite for claims arising from services provided prior to their leaving the profession. Anyone who is on maternity or parental leave should maintain a membership category that includes PLI insurance.

*Students are only covered for their clinical placements and must be supervised by an MLT or clinical instructor. Associate Non-Certified members may be eligible for Professional Liability Insurance. Please contact memserv@csmls.org to request more information.

Coverage Details

1. Professional Liability Coverage Limits


  • $2,000,000/member per occurrence
  • $2,000,000/member annual aggregate
  • Deductible: nil

2. Exclusion (Sexual Abuse and Misconduct)


This exclusion was added to the policy in 2006 to make it clear that the insurer will not defend any professional liability claims in Civil Court that allege abuse. It reads as follows: "The policy shall not apply to any CLAIM resulting directly, indirectly, in whole or in part from any actual or alleged

  • (a) sexual, physical, psychological or emotional abuse, molestation or harassment committed by, at the direction of, or with the knowledge of any person insured by this policy, or
  • (b) failure of any person insured by this policy to prevent sexual, physical, psychological or emotional abuse, molestation or harassment

3. Legal Defence Coverage (Disciplinary Hearings, Legal Tribunals, Witness Appearance, Coroner’s Inquest)


Allegations not involving sexual abuse or misconduct

  • $50,000 per member per claim
  • Policy will cover for legal representation regardless of outcome

Allegations involving sexual abuse or misconduct

  • $20,000 per member per claim
  • Policy will pay upon a not-guilty finding

Penal Defence Reimbursement

  • $150, 000 per claim and annual limit per member
  • The defence must obtain an acquittal or a return of not guilty verdict. If a case is dropped because a plaintiff no longer wants to pursue the case or changes their mind, the policy will not pay.

Lost Wages

  • $500 per day, $1,000 per claim for lost wages due to attending court for an insured loss.

Cyber Security and Privacy Liability

  • $50,000 per member, per claim, annual aggregate

4. Important Conditions


  • You must immediately report an incident that may result in a claim to Cowan Insurance Group Limited or to the insurer, Encon Group Inc., 500-1400 Blair Place, Ottawa, ON K1J 9B8
  • You may not take any action to defend yourself or to make any kind of settlement without the agreement from the insurer.

Why do I need to have PLI if my employer provides coverage?

It is difficult to know or fully understand each employer’s coverage. PLI provides reassurance that coverage will be available for incidents that may arise. Your insurer will focus on your interests and an outcome favorable to you. In addition, if you do any contract work, are on leave or temporarily become unemployed individual coverage is required.

 

Disclaimer:
Coverage description is for information purposes only and members must refer to a copy of the policy as it takes precedence.

For more information on your Professional Liability options available from SSMLT & CSMLS call:
Sigrid Neumann Cowan Insurance Group Limited - 1-888-474-7592 ext. 42250