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Does Your School Need Incidental Medical Malpractice Coverage?

Tuesday, August 24, 2021
Margaret Bastick

Incidental medical malpractice insurance is designed to cover organizations outside the health care industry that have medical exposure for operations that are not the major function of their organization.

If you employ an athletic trainer, a school nurse, or other first aid providers, then you have serious exposure for any injuries caused by medical care, or lack thereof. Educational facilities are especially at risk for this type of exposure because they deal with young, active students on a daily basis that have a variety of medical needs. Incidental medical malpractice coverage can protect your facility from this exposure.

Evolution of This Coverage

Originally, incidental medical malpractice coverage had to be inferred by exception to medical professional liability exclusionary endorsements. This was largely eliminated when incidental medical malpractice insurance was first introduced to standard general liability policies in 1976.
Its purpose is to protect those offering medical services by an entity not engaged primarily in the offering of such services, such as educational facilities.

About Incidental Medical Malpractice Coverage

Typically, incidental malpractice liability coverage comes with your standard general liability policy instead of as separate policy coverage. However, it is important that you read and understand what is covered and excluded in your particular policy, as they can vary by state and insurer.
The coverage is included within the “Who Is An Insured” section of the policy. This means that by exception, the coverage applies to the vicarious liability of the employer unless a professional liability endorsement is attached. This endorsement would have to preclude the vicarious liability of an employed professional.

Who is Covered?

Coverage applies to injury arising out of the rendering of, or failure to render, the following services during the policy period:

  • Medical, surgical, dental, X-ray or nursing service/ treatment or the furnishing of food or beverages in connection with these services
  • The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances
  • Coverage does not apply to the following:
  • Expenses incurred by the insured for firstaid given to others at the time of the accident.
  • The “Supplementary Payments” provision and the “Insured’s Duties in the Event of Occurrence, Claim or Suit” condition. Both are amended accordingly.
  • Any insured engaged in the business or occupation of providing professional medical services.
  • Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing professional medical services.

Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.