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Medical service contracts usually contain professional liability- related
subjects in two areas:
- "Indemnification" or "hold harmless" clauses. Some
operate only in favor of the contracting entity (i.e., the physician agrees to
indemnify the entity for all loss, damage, and costs arising from the service
agreement). Others have a mutual indemnification clause where each party agrees
to indemnify the other for its sole negligence.
Either way, indemnification agreements impose substantial uninsured legal
liability on a physician. Nearly all professional liability policies exclude
coverage for liability assumed under contract, if greater than what a physician
has under common law. Most professional liability insurance carriers counsel
their insureds to have indemnity clauses removed from service agreements or to
have them amended to remove the possibility of an uninsured liability risk.
- A requirement to maintain professional liability insurance coverage. If
the contract requires this, look for qualifiers such as minimum limits of
liability, requirements for certificates of insurance, restrictions as to what
kind of carrier is acceptable (e.g., licensed carrier only or Best's rated
carrier only), and tail coverage requirements.
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