Things A Surgeon
Should Know About
Medical Malpractice Insurance
Introduction
As a Surgeon, you have spent countless years studying and perfecting your
craft. Your academic knowledge and practical expertise are held in the
highest regards throughout the medical industry and your clients admire your
dedication and patience to their specialist wants and needs.
Patient safety is paramount when performing Aesthetic treatments. As a
certified Medical Professional it is essential that thorough records and
re-evaluations are made to document your professional journey and
demonstrate that your skills are up to date with the industry standards.
Surgeon Insure has provided this free booklet to provide some insightful tips
that can assist you professionally and help you utilise your Medical
Malpractice cover.
Cosmetic Surgery is an ever changing and intricate industry to be a part of
and having a first-rate insurer who can provide the fundamental cover and
support that you need for your business to thrive is invaluable, as is the
peace of mind that exemplary cover offers!
About your Policy
1. Malpractice is any bodily or mental injury, illness, disease or death of any
patient caused by any negligent act by yourself
2. Insurers offer varying levels of cover, therefore your Limit of Indemnity can be
tailored to suit your requirements
3. Always provide all information when completing a Proposal Form, as this will
form the basis of your contract and non-disclosure can result in a claim being
refused
4. A Material Fact is any information that could influence an Insurers decision.
If you are ever in doubt, always err on the side of caution and disclose any
information you have
5. Your Retroactive Date should always be advised to new Insurers should you
move from one Insurer to another. This will ensure protection throughout
6. Policies grow with you and can be amended at any time throughout the policy
year. Just advise your Broker or representative of the changes you require
7. If you start to offer a new procedure, Insurers must always be advised. If your
procedure is not listed on your policy or notified to us, you will not be covered in
the event of a claim
8. Private policies do not cover your NHS work. Refer to your insurance broker for
clarification
9. ‘Good Samaritan Acts’ are covered under your medical malpractice policy
10. Upon request, policies can sometimes be extended to cover procedures
overseas for up to 30 days in a policy year. Conditions do apply
11. PR Expenses; your policy can cover you should your reputation be brought in
to question as a direct result of a claim. This includes co
ver for the cost and expenses incurred to appoint a public relations
consultant
12. Upon retirement or cessation of your business, do not just lapse your policy, in
many circumstances Free Run-Off Cover can be provided covering you for
past treatments for up to 10 years or more if required
13. Read your Policy Documents and always check that the information is correct
14. Be aware of exclusions in your cover. If you are unsure of anything, contact
your Broker or representative
15. Medical Malpractice polices are issued on a Claims Made basis; this means
that you will only be indemnified for claims made against you and notified to
your broker during the current period of insurance
16. The MDU do not provide an insurance contract. They provide a membership
which can cover claims at the discretion of the board.
17. If you are unsure about any aspect of your cover, ask your Broker or Insurer.
Our advice is free!
In the event of a Claim or Incident
18. A Claim is any written or verbal notice of demand for compensation made by a
third party against you. You must notify Insurers immediately!
19. In the event of a claim, Insurers will ask for all documents relating to the case,
therefore you should forward them without delay. Insurers will struggle to defend
you without all the facts
20. If you receive a Solicitor’s Letter on behalf of a patient inferring negligence
following a procedure you have performed, you must forward this to Insurers
immediately for advice. Do not be tempted to respond to the Solicitor directly
21. Good record-keeping is essential. Claims can be made a significant time after
a procedure, especially where a side effect or problem is not apparent
immediately. Keep notes of all patient consultations, telephone conversations
and correspondence. Make sure you can read your notes so that they can be
relied on later
22. Consent Forms are vital and should always be obtained for each procedure.
Our Insurers’ Medico Legal Helpline can assist you with drafting consent forms
if required
23. If a complaint or claim has been made against you, never destroy, re-write or
alter your records. Even if this was done innocently, it will bring your honesty
and integrity into question
24. It is important to never admit liability without Insurer’s prior written consent,
as this could compromise your position in the event a claim is brought
forward
25. Manage expectations. Be clear with your patient about issues such as potential
risks, side-effects, best- and worst-case outcomes and time frames for recovery.
How to avoid Claims
26. If you feel that a procedure is not right for a patient and that you are
unable to achieve their expectations, then say so! Claims and refunds
are often sought from dissatisfaction of the end result
27. Keep notes of all patient consultations, telephone conversations and
correspondence. Make sure you can read your notes so that they can be
relied on later
28. Before and after photographs for many procedures are required for
most insurers
29. Always ensure that the relevant follow-up appointments and checks are
completed post-procedure
30. Make sure your technical Skills and Knowledge are kept up-to-date,
and give your staff regular training as appropriate
31. Tap into the experience of your peers and your professional advisers.
Even an informal chat can help you to identify any problem areas.
Industry publications are often useful in highlighting risks that you had
not previously considered.
32. Review your Clinic's processes regularly, including your administrative
procedures, to see if they are still effective to minimise the risk of errors
or complaints
33. Have a clear procedure for handling complaints and make it easily
available to your patients. Make sure any staff are fully aware of this. It
may seem counter-intuitive to tell your clients how to complain about
you, but it can help to prevent your patient going to a ‘no win no fee’
lawyer before you have had a chance to resolve the problem yourself.
Did you know?
According to ISAPS, a survey sent to The top five surgical procedures for
35,000 plastic surgeons showed a men in 2017 were:
5% rise in surgical cosmetic • Rhinoplasty
• Otoplasty
procedures; the most popular being • Blepharoplasty
Breast Augmentation • Breast Reduction
• Liposuction
Across the world, 1,677,320
Women continue to drive the
Breast Augmentation procedures demand for cosmetic procedures,
were carried out in the last 12
accounting for 86.4%. The five most
months
popular procedures requested by
The second and third most popular women are Breast Augmentation,
procedures at present are
Liposuction, Eyelid Surgery,
Liposuction and Eyelid Surgery Abdominoplasty and Breast Lift
22% of adults in the UK have The top five countries – USA, Brazil,
Japan, Mexico and Italy – account
considered a surgical procedure
for 38.4% of the world’s cosmetic
Tummy tucks, which dropped from
the top five most popular cosmetic procedures, followed by Germany,
surgical procedures in 2016, have Colombia and Thailand
rebounded their way back into the
top five in 2017. There were over Social media and fashion trends
are fast becoming the main factors
2,000 more tummy tuck procedures which influence a person’s decision
in 2017 than there were in 2016 to consider a surgical procedure
Sources
Aesthetics Journal, December 2018
Realself, 2018
BAAPS ‘COSMETIC SURGERY STATS: DAD BODS AND FILTER JOBS’, February 2018
ISAPS ‘Global Aesthetic Survey’ , November 2018
Source: ASPS, March 2018
The Biggest Cosmetic Proceduce Trends
For 2019
Labiaplasty
Labiaplasty is the process of reshaping the labia by reducing its length, for
aesthetic or comfort purposes. In 2016, the number of labiaplasties done
increased by 23% and it has been increasing steadily ever since. In addition,
labiaplasty surgery is associated with a satisfaction rate of over 90%
according to plasticsurgery.org.
Hair Restoration
Demand for treatments and procedures for hair restoration continues to grow,
with Stem Cell Therapy becoming more popular, particulaly in cases of Male
Pattern Baldness.
Male Breast Reduction
Gynecomastia, or enlarged male breasts, affects about half of all men in the
United States. Most men who have this surgery report feeling more
comfortable in their skin and feel more confident in what they choose to wear
or not wear.
Preventative Treatments
2019 is predicted to be the year of the ‘tweak-ment’, with small corrections
being made to the face and body, allowing the natural character to still shine
through.
The ‘Hybrid’ boob job
This breast surgery combines implants and fat transfer. The technique creates
more natural looking breast without having to position the implant under the
muscle. By incorporating fat transfer, a hybrid breast augmentation also
allows the use of smaller implants, so the risks of issues such as capsular
contracture or potential sagging over time, are greatly reduced with the
recovery period being reduced for many patients.
Surgeon Insure is a specialist insurance
broker specifically tailored to you!
Our experienced team can offer free advice on all products from
Medical Malpractice to our comprehensive Clinic package
designed to protect your premises, equipment and legal
obligations to your employees.
We use the collective leverage of our many clients to create a
buying force that allows us to offer extensive policy covers at the
most competitive prices. We believe that cost and scope of
protection are equally important and neither should be
compromised. As an approved and recommended insurance
broker to the Healthcare sector, we have partnered with leading
Insurers in this specialist market, so you can feel secure in the
knowledge that you are insuring with the experts.
0345 600 8288
[email protected]
www.surgeoninsure.com