When Technology Introduced the Convenience of Delivering Care Virtually

February 25, 2021

Telemedicine Malpractice Insurance has to be designed to defend against traditional claims – alleging a misdiagnosis or an omission in care.  These claims cover the physicians and other health care professionals for medical malpractice insurance.

 For years this liability insurance cover  was sufficient.

 When technology Introduced the convenience of delivering care virtually, by remote, physicians began receiving claims they were not familiar with…in the Grey zone between professional and software technical errors.

The problem that developed is that the Medical Malpractice Insurance Policy did not contemplate claims in which there was no misdiagnosis and there was no omission there was simply a failure of tetechnology  These policies must respond to professional liability claims which involve health care services, technology delivery of data and messages…there are wearables or products failing to perform resulting in claims.

Additionally, with so much private equity money finding its way to health care,  intellectual property infringement claims must be covered.  As these policy grew and the demand for the convenience of asynchronous and synchronous care gained traction, private equity and entrepreneurs gravitated to the lucrative healthcare niche.

With demand for telehealth consults growing, the need to quickly and effectively recruit grew with it.  Telemedical malpractice policies needed to figure a solution which provided sufficient cover for doctors, presently and in the future……eliminating  the barrier of medical malpractice insurance allows the organizations to grow..These Tele medical malpractice policies must include flexible roster endorsements which provide for ease of cancellation without triggering expensive tail and extend the coverage for future claims.

 Tele health organizations carry the burden of  cyber and privacy security. 

The Doctors Insurance Agency works with custom policies that respond accordingly with the following coverage:

  1.  Network security
  2. Regulatory fines
  3. Incident response
  4. Extortion
  5.  Legal and forensic and business interruption

Additionally, these contracts must include the usual general liability coverage.

Product’s completed is the most common invoked General Liability limit.

Products completed protects the organization from adverse reactions occurring when patients apply/administer creams and other Healthcare products distributed- prescribed.

With broad definitions, these policies cover the named insured, employees contractors executives officers owners and  investors and  all medical practitioners for working on behalf and delivering health care services.

▪︎ Healthcare services is specifically defined as the supply on behalf of the medical clinical mental or other health care service by electronic means including prescriptions and therapies. All of these services when provided on behalf of the named insured are covered by these policies.