Nova Scotia College of Medical Laboratory Technologists

CSMLS Professional Liability and Legal Defense Coverage

One of the most important benefits that CSMLS provides to its members is low cost professional liability and legal defense insurance (PLI).

Professional liability insurance provides coverage for civil litigation arising from malpractice in your role as a medical laboratory technologist or a medical laboratory assistant.  CSMLS also provides coverage to student members enrolled in CMA accredited education programs and/or approved, full-time bridging programs.  This coverage is only in force during the student’s clinical placement.

Legal defense insurance pays for the cost of legal representation in the event that you are called to appear as a witness (in your capacity as an MLT/MLA), at a coroner’s inquest or civil proceeding.  It also provides coverage for legal defense costs for disciplinary hearings before a regulatory body, and proceedings in criminal court upon a not guilty finding.

Professional liability insurance is also available from the regulatory bodies in Saskatchewan (SSMLT) and Quebec (OPTMQ)*.  They do not however, provide legal defense coverage.  The Ontario Society of Medical Technologists provides both professional liability and legal defense insurance but the levels of coverage are lower than the CSMLS plan.

The cost of the CSMLS insurance plan for 2007 is $13 per year for medical laboratory technologists and $7 for students and medical laboratory assistants. Comparable coverage from a private insurance company would cost anywhere from $1,600 to $2,500 per year. All things considered, it’s a small price to pay for peace of mind.

Legal Defense Coverage
 

The following limits apply:

• $50,000 – Legally constituted tribunal in a Canadian province

• $50,000 – Witness appearance

• $50,000 – Coroner’s Inquest

• $200 per day, $1,000 per claim for lost wages due to attending court for an insured loss

An annual per member aggregate of $200,000 for all claims per member applies. For example, if a member has three claims in the same year, one for witness appearance of $50,000 and two for coroner’s inquest at $50,000 and $20,000, the policy would pay $120,000.

Legal Defense Coverage – Disciplinary Hearings
 

Allegations not involving sexual abuse or misconduct

• $50,000 per member per claim

• Policy will pay regardless of outcome

Allegations involving sexual abuse, misconduct or anything of a sexual nature

• $10,000 per member per claim

• Policy will pay only if the outcome is acquittal or “not guilty.”

Another annual per member aggregate of $200,000 for all claims per member applies for this endorsement.

Criminal Defense Reimbursement

• $125,000 per claim and annual aggregate limit per member.

• The defense must obtain an acquittal or a return of a not guilty verdict. If a case is dropped because a plaintiff no longer wants to pursue the case or changes their mind, the policy will not pay.

Professional Liability Coverage Limits

• $2,000,000 per member, per occurrence

• $2,000,000 per member aggregate

• Deductible: Nil

Absolute Sexual Abuse and Misconduct Exclusions 

A new exclusion was added to the policy in 2006 to make it clear that the insurer will not defend any professional liability claims in civil court that allege abuse. It reads as follows:

“The policy shall not apply to any claim resulting directly, indirectly, in whole or in part from any actual or alleged

(a)  sexual, physical, psychological or emotional abuse, molestation or harassment committed by, at the direction of, or with the knowledge of any person insured by this policy, or

(b)  failure of any person insured by this policy to prevent sexual, physical, psychological or emotional abuse, molestation or harassment 
This exclusion applies irrespective of the outcome of the legal proceeding (guilty or innocent)."

Important Conditions

1. You must immediately report an incident that may result in a claim to Cowan Insurance Brokers Limited or to your association head office so that particulars of the claim may be forwarded to the Insurer for you.

2. You may not take any action to defend yourself or to make any kind of settlement without agreement from the Insurer.

Loss Prevention Information

1.  Communication

Properly identify the patient. Explain the procedure and what the patient can expect. Make sure you have understanding and agreement before you begin.

2.  Language

Always use clinical terms for anatomical parts.

3.  Professional Behaviour

The best defense you have will be based on your character and professionalism. When other co-workers are present, be careful how you speak to one another in front of the patient. Remember that the patient or the family may be listening. If you are involved in a claim, do not discuss it openly in the workplace because the plaintiff’s investigator may be present.

Do not allow yourself to be pressured into doing anything you are not trained to do, certified for, or that would violate the standards of practice for medical laboratory technologists.

Take time to document everything properly. A daily diary recapping unusual circumstances can be valuable if you are being accused of a negligent act.

For more information on your Professional Liability and Legal Defense Insurance call:

Sigrid Neumann, Cowan Insurance Brokers Limited
(888) 474-7592, ext. 250

or

Mary Pender, Cowan Insurance Brokers Limited

(888) 474-7592, ext. 232

*Public sector labour contracts in Québec specifically stipulate that employers must take up the employee’s defense