Express Healthcare

Indian professional indemnity insurance practices are gradually aligning with global standards

Sajja Praveen Chowdary, Director, Policybazaar for Business, highlights how professional indemnity insurance is evolving to protect Indian doctors against rising medical malpractice claims, in an interaction with Neha Aathavale

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Given the rise in medical malpractice suits in India, how can professional indemnity insurance proactively help doctors navigate this increasingly litigious environment? Are there any specific strategies within policies that are particularly effective?

Professional indemnity insurance is becoming increasingly crucial for doctors in India as medical malpractice suits rise. This insurance serves as a safety net, protecting medical professionals from the financial burden of legal claims. It provides coverage not only for the legal defence but also for any settlements or judgments. A key strategy within these policies is the inclusion of retroactive coverage, which ensures that claims related to incidents that occurred before the policy was purchased are also covered. Additionally, policies are often customised to include coverage for specific risks associated with different specialities, ensuring that doctors are protected against the most relevant threats in their practice.

How does professional indemnity insurance mitigate the financial strain of legal defence for doctors, especially in high-profile cases? Can you discuss any recent examples where insurance coverage significantly alleviated the cost burden?

Professional indemnity insurance is designed to cover the extensive costs associated with legal defence, which can be particularly high in high-profile cases. These policies typically cover legal fees, court costs, and any awarded damages, reducing the financial burden on doctors. For instance, in a recent case involving a prominent surgeon accused of malpractice, the professional indemnity insurance covered over 90 per cent of the legal expenses, including attorney fees and settlement costs, amounting to several crores. This allowed the doctor to continue practising without the financial stress that such a lawsuit could have otherwise caused.

With compensation claims for medical errors on the rise, how does professional indemnity insurance ensure that doctors are protected against substantial payouts? What trends are you seeing in the types and sizes of claims? 

As compensation claims increase, professional indemnity insurance ensures doctors are shielded from the financial impact of substantial payouts. Policies often include high coverage limits, ensuring that even large claims can be fully covered. We are observing a trend towards higher claims related to surgical errors, diagnostic mistakes, and delayed treatments, with the size of claims also increasing as patients become more aware of their rights. To address this, insurers are offering tailored coverage plans that align with the specific risks of different medical practices, ensuring comprehensive protection.

As medical technology evolves rapidly in India, how is this insurance segment adapting to cover new risks like telemedicine errors or AI-driven diagnostic mistakes? Are there any innovations in coverage to address these modern challenges? 

The rapid evolution of medical technology in India has led to new risks, such as telemedicine errors and AI-driven diagnostic mistakes. Professional indemnity insurance is adapting by expanding coverage to include these modern challenges. For example, policies are now being designed to cover errors arising from remote consultations, incorrect AI-generated diagnoses, and other tech-driven medical services. Insurers are also incorporating flexible coverage options that can be updated as technology evolves, ensuring that doctors are protected against emerging risks in real time.

How do professional indemnity insurance practices for Indian doctors compare with those in other countries with similar legal environments? Are there any international models or practices that could be adapted to better serve the Indian medical community? 

Indian professional indemnity insurance practices are gradually aligning with global standards, but there are still differences. In countries like the UK and Australia, for example, professional indemnity insurance often includes comprehensive risk management services, such as regular legal consultations and risk assessments, which help doctors minimise the risk of claims. Adopting similar practices in India could enhance the value of insurance for doctors. Additionally, some international models include group policies that offer coverage for entire medical teams, which could be beneficial in the Indian context, especially for hospitals and clinics.

What future trends or potential disruptions do you foresee in the professional indemnity insurance market for doctors in India? How might these changes redefine the role and value of insurance in medical practice? 

The professional indemnity insurance market for doctors in India is likely to see significant changes in the coming years. One major trend is the integration of advanced analytics and AI to better assess risk and customise policies for individual doctors. This could lead to more personalised coverage and potentially lower premiums for low-risk practitioners. Another potential disruption is the increased use of blockchain technology to streamline claims processing, making it faster and more transparent. These changes will likely redefine the role of insurance from a reactive safety net to a proactive tool that helps doctors manage and mitigate risks throughout their careers.

 

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