Appendix 5:
Liability Insurance
Governance
Primary Care Toolkit for Family Physicians
The College of Family Physicians of Canada
(adapted from McMillan Binch Mendelsohn)
- Ensure all healthcare professionals carry professional malpractice insurance.
- Obtain general liability insurance to cover the primary care group.
- Obtain Directors' liability insurance, either through the primary care group (e.g. group pays the premiums) or personally (individual members pay premiums). Some types of liability may not be covered:
- Acts that are outside the scope of authority of the primary care group
- Liability resulting from a Director's failure to act honestly and in good faith with a view to the nest interests of the group
- Acts of Directors taken for personal profit
- Circumstances where a Director knew about facts giving rise to a claim before insurance began
- Claims arising from environmental damage
- Claims arising from property damage and bodily injury
- Claims due to breaches of professional duty