Professional liability insurance in the medical field
Medicine is an exciting but high risk profession. Whether you are a general practitioner or specialist, dental surgeon or other, every intervention on a patient involves risks of error, inattention, judgment, judgment which could be due to fatigue or even negligence.
From a legal point of view, the person to whom the error is endorsed is considered civilly responsible, therefore required to repair the damage that will have been caused by his professional misconduct.
This is why the law obliges civilian health establishments and all members of the medical, paramedical and pharmaceutical corps to take out professional liability insurance.
Legislative and / or regulatory references related to the insurance obligation.
Who are the people subject to compulsory insurance?
What does the insurance obligation relate to?
What are the penalties for lack of insurance?
Some examples of legislative and regulatory provisions in the medical sector which deal with this compulsory insurance.
1. Legislative and / or regulatory references related to the insurance obligation
Ordinance 95/07 relating to insurance (amended and supplemented)
Art. 167. Civilian health establishments and all members of the medical, paramedical and pharmaceutical corps working in a private capacity are required to insure their professional civil liability vis-à-vis their patients and third parties.
Art. 169. Establishments which collect and / or modify human blood with a view to its therapeutic use must take out insurance against the harmful consequences which may result for donors and recipients of blood.
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2. Who are the people subject to compulsory insurance?
The following are subject to the professional liability insurance obligation:
Civilian health establishments (hospitals, private clinics, dispensaries, etc.);
Members of the medical profession working in a private capacity (surgeons, doctors, dentists, resuscitator, etc.);
Members of the paramedical staff working in a private capacity (nurse, anesthetist, medical assistant, etc.);
Members of the pharmaceutical body working in a private capacity (pharmacists, design laboratories, etc.);
Establishments that collect and / or modify human blood (analysis laboratories, blood bank, hospitals, etc.).
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3. What does the insurance obligation relate to?
This compulsory insurance covers the pecuniary consequences of the professional civil liability of the persons listed in question 2, whenever this is established.
Explanation: when a person subject to this obligation (doctor) commits a professional error that has caused harm to the patient, this person (to whom the fault is assumed) is civilly liable. It is therefore required to financially repair the damage. Thus this compulsory insurance is precisely designed to cover its compensation.
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4. What are the penalties for lack of insurance?
Failure to subscribe to this compulsory insurance is punished in accordance with the provisions of article 184 of ordinance 95/07 relating to insurance with a fine of between 5,000 DA and 100,000 DA.
NB:
This fine must be paid without prejudice to the subscription of the insurance in question;
The proceeds of the fine are collected as in direct taxes and transferred to the benefit of the Public Treasury.
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5. Examples of legislative and regulatory provisions in the sector dealing with this insurance
Executive Decree No. 07-321 of October 22, 2007 on the organization and operation of private hospitals:
Art. 6. The private hospital is required to take out insurance to cover the civil liability of the establishment, its staff and its patients.
Executive Decree No. 08-350 of October 29, 2008 setting the conditions for the creation, organization, operation and control of social and medico-social establishments:
Art. 7. Establishments are required to take out insurance to cover the civil liability of the establishment, staff and persons accommodated in accordance with the laws and regulations in force.
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