Bodily Injury vs Financial Loss

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The 101 on Bodily Injury & Financial Loss…

 

Example:  You have a client who is doing IME’s (Independent Medical Exams). Your client conducts the non-invasive medical exam on Patient A. Patient A has issues with their shoulder and alleges re-injury from the exam and later sues your client for bodily injury.  
 
Isn’t this covered within their PL policy?
 
9 times out of 10: No, it is not covered. 

 

Why is this not covered? 
It’s not covered due to the claim of ‘bodily injury‘. It’s a frequent misconception of a physician’s legal duties in this context due to a perceived lack of the traditional physician-patient relationship. Duties that are more E&O related resulting in a financial loss would not be covered.

 

 How to fight this?
Educate your client on the risk and ensure the right coverage is in place to mitigate the gap. HPSI can help!  We talk to underwriters who understand this risk and can amend their policy form to include the right coverage. 

 

Bottom line: If your client needs it, make sure they have coverage for any 3rd party bodily injury claims resulting in a loss or any E&O claim resulting in a financial loss.