Medical Malpractice Insurance

The insured is a Social Worker and a complaint was made by a client to Health Care Complaints Commission (HCCC) alleging that the insured mislead clients and lacked the necessary qualifications/experience to provide the treatments that they offer and provide. The HCCC issued an investigation report detailing its findings in respect of the investigation. In summary, the HCCC made a number of findings against and recommendations in relation to the insured including failing to maintain accurate, legible and up-to-date clinical records for each client, and the insured must inform HCCC of the steps taken to implement a suitable system for recording and maintaining client records. 

The insured provides clients with pre-placement health/medical screening of workers. The insured contracts Doctors who carry out the physical assessments. The insured received a complaint from one of its clients, regarding a pre-placement medical assessment for a worker. It is alleged that the worker stated that at no time during the medical did the worker (claimant) see a doctor. Despite this, the medical assessment was signed by a Doctor. The insured confirmed that it appeared the particular worker had not been personally examined by the Doctor named in the report. 

The insured operates a private hospital. The claimant was admitted to the hospital for the purpose of rehabilitation and treatment following a knee replacement operation. The claimant had been undertaking hydrotherapy when they exited the pool and attempted to put on a gown, the claimant lost balance and fell, sustaining an injury and required surgery to the arm. 

The claimant attended the insured for an x-ray of their elbow (which was in a sling). The insured (Radiographer) in the course of trying to remove the sling with a pair of scissors accidentally pierced the claimant in the neck. First aid was provided and an ambulance took the Claimant to hospital where surgery was undertaken to treat the puncture wound.