SEMPRIS is a leading provider of professional medical indemnity and corporate medical malpractice cover
With over 20 years’ experience, there are few businesses that rival our work and understanding of the unique risks and liabilities that co-exist between sport and the delivery of safe medical services to professional sport.
Corporate protection from medical malpractice in a sport setting – Duty of Care
Common law duty of care requires all employers, including clubs and sports’ Governing Bodies to protect employees and the public from risks occasioned by their activities. The consequences of an employer neglecting these duties are serious and a negligent act may result in litigation in either the civil or criminal courts. Corporate Duty of Care is a statutory duty, defined under Health and Safety at Work Legislation (“H&S Law”).
In spite of this overarching statutory duty there is a widely held, yet mistaken, view across professional sport that responsibility and liability for medical negligence rests solely with the club doctor and medical team and not with employer. Recent case history has proved this not to be the case with a club being found guilty of failure in its duty of care to a player resulting in substantial liability to the club
Furthermore, a view exists that the need for corporate medical malpractice insurance is removed from the employer by the professional medical indemnity held by the medical practitioners.
With the number of reported claims by professional sportspeople against employers and doctors increasing, it is no longer sufficient or appropriate to rely on the doctors’ professional indemnity or the inclusion of contingent medical malpractice cover under an employers’ liability insurance.
The provision of high-end medical treatment for professional sports people is now extremely complex with a trend towards greater litigation. Medical negligence and a failure in the duty of care owed by an employer to a player will lead to major claims for compensation. With the ever increasing financial status of professional sports men and women, employers also have to consider the threat of third party claims from connected parties as well as litigation from the employee / player themselves.
The need for a robust medical malpractice insurance is now greater than ever to protect against the specific risks associated with treating professional sports people.
To discuss how SEMPRIS can provide your organisation with comprehensive indemnity cover for your practice, please Contact Us.
Did you know?
- SEMPRIS is the only UK Medical Indemnity Scheme to provide a cover limit of £20m for any one claim
- Over 40% of the SEM Register are members