Professional Liability Insurance for Physicians

Protect your medical career with tailored insurance.

If you are a physician registered with the professional registry, whether you work as an independent freelancer, an employee, consultant, or collaborator in authorized hospitals, clinics, or health institutes, you are legally required to have a Professional Liability Insurance (PLI) policy as of August 15, 2014. This requirement was introduced by D.P.R. 137/2012 on August 7, 2012, and later amended by D.L. 69 on June 21, 2013, for the Protection of the Medical Profession.

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Our PLI policy for physicians offers comprehensive coverage to protect you from claims for compensation made by third parties due to professional errors committed during your work.

During the policy’s validity period, you will be safe from any compensation claims, and legal expenses for assistance and defense are covered by the insurance, up to a limit of 25% of the chosen cap.


The Professional Liability Insurance (PLI) policy for physicians has become a fundamental element in protecting the medical profession.

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The delicate nature of medical work entails a high risk of incurring civil liabilities from damages to third parties, which can be bodily, material, or even cause financial losses.

The Professional Liability Insurance for registered physicians covers risks associated with a possible professional error that can lead to bodily damage, such as diseases caused by incorrect diagnoses, or material damage, such as the destruction or deterioration of third-party property. This professional liability insurance policy is specifically designed for physicians, covering the unique needs of this profession and compensation for professional errors.

A notable feature of these PLI policies for physicians is the coverage of legal expenses that may arise from a legal proceeding. The professional liability insurance thus supports the physician by covering defense expenses and, in the event of an unfavorable judgment, the established compensation.

Policies tailored for physicians may also include the Multi-Activity Accident Policy, which provides an assessment and compensation in case of accidents resulting in permanent disability. Additionally, some policies offer coverage for accidental events, which can be very helpful in unpredictable situations and protect the professional’s civil liability.

The legal protection included in these policies is an additional benefit that provides legal assistance for defending the professional in cases of claims for alleged professional errors. This aspect is of vital importance, as healthcare liability can weigh heavily on physicians.

Professional policies for physicians follow the Claims Made principle, which means that compensation is provided for claims filed during the policy’s validity period, regardless of when the event occurred.

The Deeming Clause is an extension of this coverage that allows for the consideration of events that were caused during the policy period but claimed afterward.

The Deeming Clause is a very important element in Professional Liability (PL) insurance policies, particularly for physicians. This clause extends the insurance coverage beyond the validity period of the policy itself, covering incidents that occur during the insurance period but are claimed only after the policy has expired.

In the medical context, this is particularly relevant due to the “long tail” of medical professional liability. The effects of some medical treatments or diagnostic errors may not be immediately apparent and could take years before a patient makes a claim for an alleged medical error.

Without the Deeming Clause, a physician might find themselves in a situation where a claim is filed after the expiration of the original insurance policy and, therefore, risk having no coverage for that claim With the introduction of this clause, physicians can have greater peace of mind knowing they are protected from any late claims related to incidents that occurred while their policy was still in effect.

Additionally, the Deeming Clause can be particularly useful when a physician changes insurance companies or when retiring from the profession, ensuring that there is still coverage for any claims that might be filed in the future for actions taken in the past.

In summary, the Deeming Clause is a crucial safeguard that provides continuity of coverage and protection against the risks associated with claims for compensation that may arise after many years, which is a significant risk in medical practice given the potentially late nature of some damages caused by professional errors.

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Another aspect to consider is the deductible and the policy limit, which determine the amount that remains the responsibility of the doctor in the event of a claim and the maximum amount covered by the policy. Contractual and non-contractual liability, as well as gross negligence, are factors that influence the coverage and conditions of the policy.

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Assessing the deductible and policy limit in a Professional Liability (PL) policy for doctors is extremely important for two main reasons: risk financial management and the extent of insurance coverage relative to potential exposure.

Deductible: This is the amount of money that the insured doctor must pay out of pocket before the insurance covers a claim.

The deductible represents the level of risk the doctor is willing to accept. A high deductible can reduce the premium but increases the financial burden on the doctor in the event of a claim. Conversely, a low deductible will increase the premium but reduce the direct financial outlay in the event of a claim. Doctors must carefully assess their financial ability to cover the deductible if needed.

Policy Limit: The policy limit is the maximum amount the insurance will pay for a claim or for all claims within a specified insurance period.

This must be sufficiently high to cover the risk of costly claims, which in the medical field can reach significant sums, especially if considering substantial damages, such as those resulting from medical errors that cause permanent damage or long-term conditions.

If the policy limit is too low, the doctor might find themselves covering the difference, which could have a devastating impact on their personal finances and professional practice.

Doctors must consider various factors, such as their specialization, the frequency and nature of claims in their field, legal trends in terms of medical negligence settlements, and their personal financial resources, when deciding the appropriate level of deductible and policy limit for their professional liability insurance.

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A careful assessment of the deductible and the policy limit is essential to ensure that the Professional Liability Insurance for Doctors provides adequate financial protection without imposing an unsustainable economic burden on the doctor in the event of a claim.

This balance helps to maintain the financial and professional stability of the doctor, allowing them to practice with greater peace of mind.

Retroactive insurance is another important feature, as it protects doctors for events that occurred before the policy was signed, but claimed later. This element is crucial in choosing a policy, as it ensures broader protection.

Retroactive insurance is a crucial aspect of Professional Liability Insurance for doctors. This feature of the policy ensures that professionals are covered for actions taken in the past, up to an agreed date, even if the claim is made after the policy has been purchased. This is particularly relevant for doctors because of the possibility that claims may emerge years after the actual medical intervention or treatment.

Medicine is a field where the effects of a treatment may not be immediately apparent. For example, there might be long-term complications after a surgical procedure or diagnostic errors discovered long after the initial examination.

If a doctor has a PL policy without retroactivity, and a patient makes a claim for an event that occurred before the start of the policy, the doctor might find themselves without coverage for that claim.

A policy with a well-defined retroactivity clause can protect doctors from this type of risk, offering them peace of mind knowing that they are protected against claims for past events, provided that the damage or incident occurred after the retroactivity date included in the policy.

Retroactivity is also important when a doctor changes insurers or renews their insurance policy. Without retroactivity, a new contract might not cover actions taken under the coverage of a previous contract. This can leave doctors exposed to significant and potentially costly risks.

Additionally, retroactivity is essential for doctors retiring from professional practice. They should ensure they have a run-off policy that continues to cover claims for a period after they have ceased practicing, as claims can be presented many years after treatment.

Thus, retroactive insurance in Professional Liability policies for doctors is fundamental to ensure comprehensive coverage and to protect professionals from unexpected claims that could otherwise endanger their financial and professional stability.

Finally, the insurance framework of the doctor, whether as a freelancer or a public employee, and the possibility of tax deduction of the policy are aspects that affect the choice and accessibility of the policy itself.

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In an evolving insurance market like 2023, it is essential that doctors carefully evaluate their needs and choose a policy that offers comprehensive coverage. The insurance proposal form is the initial tool through which the doctor can express their needs and obtain a tailored policy.

Professional Liability Insurance for Doctors is more than a mere formality; it is a fundamental pillar in the protection of the medical profession and the trust that patients place in their doctors.

With adequate coverage, doctors can continue to practice their profession with the assurance that, in the event of an inadvertent error, there will be support for them and their patients.

Civil liability in the medical context refers to the legal obligation of a health professional, such as a doctor, to compensate for damages caused to a patient as a result of a negligent or imprudent action during the exercise of their professional activity. This type of liability arises when the doctor deviates from the accepted standards of care and medical practice, resulting in physical, psychological, or financial damage to the patient.

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La responsabilità civile medica si concretizza quando sono soddisfatti i seguenti elementi:

Duty of Care: The doctor has a professional duty to act with the diligence, competence, and prudence expected of a professional in their specialization.

Breach of Duty of Care: A breach of this duty occurs when the doctor does not act according to the required professional standards, which can be established by generally accepted medical practice, clinical guidelines, or current laws.

Damage: The patient must have suffered damage, which can be physical (such as an injury or worsening of medical condition), psychological (such as emotional stress), or financial (such as additional medical expenses).

Causality: There must be a direct cause-and-effect link between the doctor’s breach of duty of care and the damage suffered by the patient. In other words, the damage must be a direct consequence of the doctor’s action or omission.

Compensation: Finally, civil liability involves the doctor (or more typically their professional liability insurance) compensating the patient for the damages suffered.

The implications of civil liability in the medical context can be substantial, including compensation for medical expenses, pain and suffering, loss of earnings, and other property losses. In some jurisdictions, punitive damages may also be awarded, intended to punish particularly severe or negligent conduct.

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Standards for determining civil liability can vary greatly from one jurisdiction to another and may be influenced by local law, jurisprudence, and professional standards. Furthermore, defenses against claims of civil liability may include demonstrating that the doctor acted appropriately given the circumstances or that the damage was not foreseeable or avoidable.

The professional risks of a doctor include a wide range of potential errors or incidents that can occur during the exercise of medical practice. These risks can be clinical in nature, such as misdiagnoses, surgical errors, prescribing inappropriate treatments, or even administrative and communicative in nature, such as violating patient privacy or lacking informed consent.

Differences between contractual and non-contractual liability:

  • Contractual Liability: Occurs when the doctor does not meet the obligations established in a contract, which in the medical context is the care contract agreed with the patient. This type of liability is based on the non-fulfillment of specific terms agreed between the parties (for example, failing to perform a specific procedure).
  • Non-contractual Liability: Also known as tort liability, it is independent of any pre-existing contract and is based on the violation of a general duty not to harm others. In the medical context, this liability occurs when a doctor causes damage to a patient as a result of a negligent or imprudent act that is not directly related to contractual obligations.

Gross Negligence: Gross negligence is a form of negligence that occurs when the doctor’s behavior deviates significantly from accepted professional standards, demonstrating a blatant disregard for the safety and well-being of the patient. Gross negligence can have more serious consequences both legally and in terms of disciplinary sanctions and can affect insurance coverage, as some policies may not cover damages resulting from gross negligence.

The need for a Tailored Professional Liability Policy for Doctors: A tailored Professional Liability policy for doctors is essential for several reasons:

  1. Financial Protection: It covers the doctor against claims for damages that can be very high, protecting the doctor’s finances and personal assets.
  2. Specific Coverage: The coverage needs for doctors are specific and complex . A tailored policy can be designed to address specific risks of medical practice, such as diagnostic errors, surgical procedures, and medical treatments.
  3. Legal Requirement: In many countries, including Italy with the Gelli-Bianco law, it is mandatory for doctors to have a professional liability policy to practice medicine.
  4. Legal Expenses: Policies provide coverage for legal expenses that may arise from a legal dispute, regardless of the outcome of the case.
  5. Adherence to Professional Standards: It demonstrates the doctor’s commitment to responsible practice and patient care, strengthening trust between the professional and patients.
  6. Psychological Serenity: It provides peace of mind for the doctor, knowing that they are protected in the event of any claims, allowing them to focus on providing medical care without the anxiety of potential legal and financial repercussions.

In summary, a tailored professional liability policy for doctors is essential to mitigate the risks associated with medical practice and to ensure that, in the event of errors, there are necessary resources to manage the financial and legal consequences without compromising the doctor’s professional or personal integrity.

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Regarding the choice of the right Professional Liability policy for Doctors, what are the differences between freelancers and public employees in the insurance market in 2023?

In 2023, the differences in choosing a Professional Liability (PL) policy for doctors, between freelancers and public employees, can be significant, reflecting the different needs and circumstances of these two professional groups.

For Freelancers:

  1. Customized Coverage: Freelancers generally require customized policies that specifically cover activities performed in their private practice or in private healthcare facilities. This includes a variety of medical services that can vary greatly depending on the specialization and type of practice.
  2. Policy Limits and Deductibles: Freelancers must carefully assess the coverage limits and deductibles. Since they operate independently, they may be exposed to greater risks and therefore might need higher limits.
  3. Risk of Claims: Freelance doctors may be more exposed to claims, especially if they work in high-risk specializations, which requires a careful assessment of the type and level of coverage needed.
  4. Supplementary Policies: Additional policies may be necessary to cover aspects not included in the basic PL policy, such as coverage for diagnostic errors, liability for data privacy, or insurance for equipment.

For Public Employees:

  1. Institutional Coverage: Doctors working in public facilities are often covered by PL policies stipulated by their healthcare institutions. This can limit the need for an individual policy, but it is important to check the extent of the coverage and if there are situations not covered.
  2. Coverage for Extra Activities: Public employees who also perform activities in the private sector, such as consultations or treatments outside of institutional working hours, may need an additional PL policy to cover these activities.
  3. Limits of Institutional Coverage: It is essential that public employee doctors understand the limits of the coverage provided by their institution. In some cases, this may not fully cover all potential risks, or it may exclude liability in the case of gross negligence.
  4. Supplemental Policies: Some public employee doctors choose to have an additional individual PL policy to ensure broader coverage, especially in contexts where institutional liability may not be sufficient.

In both cases, doctors must carefully consider their specific needs, their practice area, and the associated risks.

It is important to carefully read the terms of the policy, including exclusions, and, if necessary, consult a broker or insurance consultant to ensure that the most appropriate and comprehensive coverage is obtained. In an evolving insurance market like 2023, keeping up with the latest trends and available offers is crucial to ensure optimal protection.

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How does the management of claims and compensation for professional errors work in Professional Liability policies for doctors?

The management of claims and compensation for professional errors in Professional Liability (PL) policies for doctors follows a structured process that involves several stages. This process is crucial to ensure that claims are managed efficiently and that compensation is distributed fairly and promptly.

1. Claim Notification: The process begins when the doctor, or the injured patient, notifies the insurance company of a potential claim. This notification should occur as soon as possible after the discovery of the incident or claim. It is important to provide all relevant details about the event, including medical documents, testimonies, and other pertinent information.

2. Claim Assessment: After notification, the insurer will proceed with a preliminary assessment of the claim. This includes examining the circumstances of the event, evaluating liability, and determining the amount of damage or loss. In this phase, medical experts, legal professionals, and other specialists may be involved to analyze the case in detail.

3.Coverage Decision: The insurance company will determine whether the claim falls within the policy’s coverage. If the claim is covered, the insurer will proceed with the compensation process. If the claim is not covered, the doctor will be informed of this decision and the reasons.

4.Legal Management: If the claim involves legal proceedings, the insurer may provide legal assistance to the doctor. This can include appointing a lawyer to represent the doctor in court or during negotiations for a settlement.

5. Compensation or Settlements: If the doctor’s liability is established, the insurer may proceed with direct compensation to the injured patient or negotiate a settlement. The payment of compensation will be within the limits of the policy cap, taking into account the deductible, if applicable.

6. Claim Resolution: Once the compensation has been paid or a settlement has been reached, the claim is considered resolved. The insurer will close the case, and the doctor can continue their professional activity.

It is important to note that throughout the process, confidentiality and professionalism are of utmost importance, given the involvement of sensitive information and often complex legal issues. Additionally, the management of claims can vary depending on the specific policy and local laws. Doctors should clearly understand the terms and conditions of their professional liability policy, including the processes for managing claims and compensation, to ensure they are adequately prepared in case a claim occurs.

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F.A.Q.

The insurance covers all activities permitted by law and the regulations governing the work of doctors and independent paramedics. These activities must be declared in the questionnaire, unless they are expressly excluded by the policy conditions.

The following guarantees are always included in the insurance coverage:

  • Legal actions initiated by INPS under Article 14 of Law 12/06/1984 No. 222.
  • Injuries to employees resulting in permanent disability not less than 5%, calculated according to the tables attached to D.P.R. 30 June 1965 No. 1124.
  • Damages resulting from first aid interventions for ethical reasons or gross negligence.

The insurance is provided on a “claims made” basis, meaning it covers claims made for the first time during the current insurance period and reported to the insurer during the same period.

These claims must be the result of events, errors, or omissions that occurred or were committed after the agreed retroactivity date.

Once the insurance period has ended, the insurer’s obligations cease. Insurers will pay damages up to a maximum amount established in the policy (called the “policy limit” or “sub-limit”).

The insurance covers the insured’s liability towards third parties. This means that insurers commit to covering the sums that the insured is legally required to pay to third parties due to negligent actions, errors, or omissions committed during the exercise of their professional activity. This professional activity must be declared in the questionnaire and includes the management of the related office or clinic. It is important to explicitly request this coverage in the questionnaire and that it be specifically indicated in the coverage sheet.

Insurers respond to the following aspects:

a) Financial damages and property losses caused to third parties due to actions, errors, or omissions in the exercise of the professional activity described above However, if the insured has specializations or additional professions that are not specifically listed as insurable in the questionnaire, all the guarantees provided by the policy are valid only for the activity indicated in the coverage sheet. If the insured obtains a specialization or a profession during the validity period of the policy, this will not be covered by the insurance guarantee unless a different agreement is specified in a specific attachment.

b) Damages caused to third parties in relation to the property or management of the office or clinic, including damages to movable property, equipment, and premises used for the professional activity. This includes damages that cause interruptions or suspensions of the productive activity or services of third parties. In this case, too, it is necessary to explicitly request this coverage in the questionnaire and that it be specifically indicated in the coverage sheet.

c) Recourse actions undertaken by INPS in accordance with Article 14 of Law 12/06/1984 No. 222.

The insurance coverage also includes liability towards employees. Insurers commit to covering the insured for the sums they are legally required to pay as a civil responsible party for injuries suffered by their employees during work in the insured’s office or clinic. This includes payments due to statutory insurance institutions (such as INAIL, INPS, or others) acting in recourse against the insured, as well as payments to the injured party or their beneficiaries in the event of permanent disability not less than 5%, calculated according to the tables attached to D.P.R. 30 June 1965 No. 1124.

It is important to note that this insurance coverage is valid only if the insured is in compliance with legal obligations for mandatory social insurance against workplace injuries at the time of the harmful event. However, occupational diseases are always excluded from insurance coverage.

  • Damages caused intentionally or with fraud by the insured.
  • Activities different from those declared in the questionnaire or proposal.
  • Damages resulting from pollution or contamination of any kind.
  • Tax obligations, social security contributions, fines, penalties, surcharges, exemplary sanctions, or multiple damages directly inflicted on the insured.
  • Damages caused by war, terrorism, and natural events.
  • Damages caused by theft, fire, explosion, radiation.
  • Damages resulting from the violation of civil relations with third parties and/or employees and collaborators.
  • Damages resulting from defamation, slander, and violation of professional secrecy.
  • Damages to goods that the insured has in custody, storage, or holds in any way.
  • Damages resulting from toxic mold or asbestos.
  • Criminal proceedings.
  • Damages caused by lack of, insufficiency, or inadequacy of informed consent.
  • Insurers are not required to provide insurance coverage if this involves possible sanctions, bans, or restrictions.

If a claim occurs, there are several things you must do.

You must inform the insurance within 10 days from when you became aware of it. You can do this by sending a letter to U.I.A. Underwriting Insurance Agency S.r.l., or by calling the phone number 02 54 122 532, or by sending an email to sinistri@uiainternational.net. In your communication, you must describe what happened, explain the causes and consequences of the incident, and provide the details of the people involved and other information useful to the insurance. You must also immediately send the documents and any legal documents related to the incident, along with a detailed report on the facts. Remember that if you have other insurances, you must inform them as well.

You cannot admit responsibility for the incident or agree to or pay damages without the written permission of the insurance. If they require compensation, you must be careful not to prejudice their position or legal rights.

The insurance cannot reach a compensation agreement without your written consent. If you reject a settlement suggested by the insurance and decide to continue with a lawsuit to obtain compensation, the insurance will not be obligated to pay more than what they would have offered in the settlement, including costs and expenses up to that point, up to a maximum limit indicated in your policy.

After you have reported the incident, the insurance has the right to terminate the contract within 30 days, sending you a registered letter with a thirty-day notice.

If you have paid the insurance premium after reporting the incident or after receiving a communication from the insurance, this does not mean that the insurance waives the right to cancel the contract.

This insurance, called “claims made”, has a specific temporal duration during which the following cases are excluded:

This insurance, called “claims made”, has a specific temporal duration during which the following cases are excluded:

a. Claims reported to the Insured after the expiration of the current insurance period;

b. Claims related to events and circumstances that the Insured knew before the start of the current insurance period, even if not reported to previous policies;

c. Claims related to harmful events or negligent behaviors that occurred before the retroactivity date indicated in the coverage sheet;

d. Claims involving persons other than the Insured, except as established in Article 9.4;

e. Criminal proceedings.

The Insured will be responsible for paying the professional fees related to each claim, so this insurance does not cover the reimbursement of fees for inappropriate, inadequate, or ineffective treatments received by the Insured.

Claims for compensation are excluded from insurance coverage:

  • a. Caused by deliberate actions or omissions of the Insured;
  • b. Arising from abusive, not allowed, or unrecognized activities by law and regulations in force at the time of the harmful event, different from those indicated in the questionnaire;
  • c. Related to harmful events or negligent behaviors that occurred after the Insured has ceased professional activity, has been suspended or removed from the professional register, or is not registered or authorized by the competent authorities to carry out the activities indicated in the questionnaire;
  • d. Related to harmful events or negligent behaviors that occur outside the territorial limits agreed in Article 8;
  • e. For damages resulting from lack of, insufficiency, or inadequacy of informed consent;
  • f. For damages resulting from the non-therapeutic use of drugs administered or prescribed by the Insured;
  • g. Based on the non-correspondence of aesthetic surgery interventions to the objectives promised by the Insured;
  • h. Arising from violation of professional secrecy, defamation, or insult;
  • i. Arising from the violation of civil relations with third parties or with employees and collaborators (discrimination, harassment, violence, sexual abuse, etc.);
  • j. Related to tax obligations, contributions, fines, default indemnities, or other penalties or sanctions imposed by law, contract, or judicial or administrative decision, as well as punitive or exemplary damages;
  • k. Related to damages to movable or immovable property entrusted, stored, or held by the Insured;
  • l. Related to losses or damages caused by theft, fire, explosion, or burst to movable or immovable property;
  • m. Arising from pollution or contamination of the air, water, soil, subsurface, or environmental damages;
  • no. 152/2006 Caused by explosions, radiation from nuclear transmutations, or radiation caused by the accumulation of atomic particles, except for damages caused by the use of medical devices for nuclear medicine for diagnostic and therapeutic purposes limited to radiologists and doctors specializing in nuclear medicine;
  • o. Arising from the use of chemical, biological, biochemical, or electromagnetic weapons;
  • p. Connected to the use of asbestos or toxic molds by the Insured or the presence of such materials in the premises of the Insured’s professional activity;
  • q. . Arising from contractual relationships different from those between doctor and patient;
  • r. Related to the exercise of administrative, organizational, managerial, or corporate functions not strictly related to the professional activity of the doctor, unless this is explicitly provided in the coverage sheet and the related premium has been paid;
  • s. Related to motor vehicles, boats, or aircraft, even if used in the professional activity of the Insured;
  • t. Arising from computer damages caused by cyber-attacks or incidents, including direct or indirect costs and expenses to control, prevent, or repair such attacks or incidents;
  • u. Caused by acts or omissions of persons not employees of the Insured;
  • v. Caused by acts or omissions of the Insured’s employees, unless specifically indicated in the coverage sheet.

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