How to I access My Malpractice Insurance?

When a complaint is made or disciplinary action is taken, it can be a very scary time in a pharmacist's career. In addition to the stress of the situation, pharmacists may not fully understand their malpractice policies or how to access them. The following is a review of the policy and benefits that members have access to when they purchase malpractice insurance through PAS along with a description of legal terms and processes.

This information is an interpretation and not a substitute for the Pharmacists' Malpractice Insurance policy document created by Wynward Insurance Group. It does not detail the insurance policies' limitation and conditions. In all circumstances, the insurance policy wording supersedes this information and will apply.

This document also references and interprets all legislation including but not limited to that which is applicable to registered Saskatchewan pharmacists through the Saskatchewan College of Pharmacists (SCP). Legislation can be found here.

Provincial pharmacist legislation shall supersede all information contained in this document. Pharmacists are encouraged to review their malpractice coverage, policy options and provincial legislation.

Features and Benefits of Malpractice Insurance through PAS:

$2,000,000 coverage per occurrence and $2,000,000 annual aggregate for compensatory damages with no deductible

This means that with each basic policy purchased through PAS, member pharmacists are entitled to $2,000,000 coverage if found guilty of a malpractice infraction. They are not required to pay any portion of the damages up to $2,000,000.

Supplemental coverage up to $5,000,000

For additional coverage beyond the basic level of $2,000,000, pharmacists are able to purchase additional malpractice coverage every year.  For $50 per million, pharmacists can have addition liability coverage up to $5,000,000 for compensatory damages with no deductible.

Policy is good anywhere in Canada

Insured pharmacists providing professional pharmaceutical services are covered anywhere in Canada. This is a special feature of the policy that many other policies do not offer.

Continuous renewal

To ensure that your insurance is renewed every year, member policies will only be cancelled after 15 days of non-payment and/or confirmation of cancellation. So, even if a PAS Member forgets to renew their policy, they are contacted by a PAS representative to confirm their requirement for insurance cancellation.

Please note: Wynward Insurance Group can at any time, cancel a policy with 100 days notice.

Malpractice insurance employs an "Occurrence Policy"

This type of insurance responds if it was in place at the time the incident or "occurrence", that is the subject of the professional liability claim, had occurred. This means that in spite of the fact you may have terminated your coverage, the policy still responds to incidents which occurred while you were practicing pharmacy even though the claim is reported after policy expiration. So, as long as the Insured had a current and valid policy at the time of the incident, coverage will be retroactive whether or not the policy is active today.

This type of insurance eliminates the need to continue to carry insurance once you have ceased to practice (retirement, etc.) or have a break in practice (pregnancy or illness, etc.) in the case of a claim being made after such time.

Please note: A "Claims Made Policy" means that the malpractice insurance policy responds if it is in place at the time in which a claim for damages or other relief is made. In Saskatchewan pharmacists who carry a claims made policy are required to purchase a minimum of 2 years of claims made insurance after they cease to practice.

Coverage is not restricted to only workplace errors or omissions

With a valid /current policy, the Insured is protected in malpractice claims where professional pharmaceutical services may have been given in a non-traditional setting, for example advice given in a social setting or outside of practice hours.

Pro-rated Premiums

Pharmacists interested in purchasing an insurance policy pay only for the time period for which they require the insurance to be active. Therefore, if they decide to purchase halfway thorough out the year, payment will reflect the time period remaining in the renewal year.

Access to a $50,000 Legal defense costs endorsement

Wynward Insurance Group agrees to defend, at its cost and subject to limitations, the Insured in any disciplinary proceeding.  Cost can include legal fees related to disciplinary proceeding costs, a complaint or investigation or preliminary investigation, volunteer practice and pharmacy student supervision of the Insured before the applicable provincial College of Pharmacists.

Wynward Insurance Group reserves the right to appoint counsel of its choice to defend the Insured in any claim. Wynward Insurance Group will not be liable for any fines, penalties or costs levied against the insured by the applicable College of Pharmacists or be liable to defend the insured in any disciplinary proceeding in which it is alleged that the Insured committed or attempted to commit, directly or as a party, a fraudulent or criminal act.

 

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For information about Legal endorsement and associated fees, contact:

Kevin Barros
By phone at (306) 956-0820 or toll-free 1-800-667-9650 or by email.


For more information about malpractice insurance contact:

The PAS office
By phone at (306) 359-7277 or by email

Or

Kevin Barros
By phone at (306) 956-0820 or toll-free 1-800-667-9650 or by email.

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