Frequently Asked Questions for Professional Liability Insurance
But my employer will cover me?
Not necessarily! It depends on how their policy is worded and you may not know you are protected until an incident occurred. You may also work for more than one employer and the coverages may be different for each policy. Having your own professional liability policy will ensure standardized cover and will follow you wherever you work and practice as a sonographer. The employers’ policy will also be a shared limit for the employer and all employees. This policy may not have adequate limits to cover all parties named in the alleged negligent act. If the employer is not named in the claim then they may not be willing to provide a defence to you.
There are other instances in which your employer’s insurance may not cover you.
A complaint made to your College (Regulatory body) resulting in an investigation
Claims made when employers coverage reaches the maximum in terms of the amount payable per policy period and therefore no further coverage is available to the sonographer
Actions on the job are deemed to be outside the scope of employers “Best Practices” for the circumstances in which the claim arose
In the event, you are charged with abuse if related to your professional services Many people often are hired as independent contractors and may not be considered employees and therefore might not always be insured under the employer's policy
Why an OAMRS policy versus my employers?
Your employer’s policy likely does not offer coverage for legal expenses arising from a regulatory disciplinary action. Often with professional medical associations, this is the most common area of exposure to the member. Under the OAMRS program you will have a dedicated limit for coverage to you if you are called before your regulating disciplinary body. There may be no merit to the allegation against you but you will still require legal assistance to respond to this allegation.
We do not diagnose or interpret any reports so how can I be held responsible?
The legal system continues to evolve. In the past, it was clear who would be the party to respond to an allegation of negligence. The lines are becoming blurred as other parties look to see if any or all of the negligence can be passed on to another party. This can result in the sonographer being named in the suit and needing a defence to show there is no negligence on their part. This can incur substantial costs related to the defence until it is determined by a court who is actually negligent. Defense coverage is crucial protection for your piece of mind.
Can I really lose all my assets and saving?
Most Professional Liability policies cover judgments, settlements and defense costs. Even if the allegations are found to be groundless, thousands of dollars may be needed to defend the lawsuit. They can bankrupt you and/or have a lasting effect on your finances. Defense coverage is crucial protection for assets.Does Professional Liability cover me just while I am at work? Your insurance will cover you 24 hours a day, seven days a week, worry-free regardless while you are performing your professional services regardless of how many jobs you have and will also include any Good Samaritan actions that you perform.No. coverage under the OAMRS program has a nil deductible.