Medical Malpractice for Private Ambulance Businesses

*Updated April 2022*

COVID-19 has created unforeseen demands on the NHS who have responded in an amazing fashion in the unprecedented times that we find ourselves living in.  This is a well-celebrated fact and a source of national pride. What is less obvious, is the part the private ambulance sector has played in supporting our greatest national institution and the burden this has placed on numerous private operators.

The added responsibility paired with the escalating A&E handover crisis comes with its own pressure and not without additional risk. During this era of change, it is important that every private ambulance company reassesses their insurance programme to make sure that adequate provision has been made to cover the full range of risks affecting their business. The Insurance Act 2016 creates a client-led obligation to make a “Fair Presentation” of all the relevant material facts to the insurance market. This obligation occurs not only at inception and at renewal but continuously throughout the duration of the policy term. If your risk or activity profile changes at any stage, then please do not automatically assume that you will be covered.

Your Business Description as defined within the policy terms needs to fully reflect the work that you undertake and a failure to update underwriters may seriously affect your policy cover. To help expand on this important point and cutting through some of the insurance terminology, please can we highlight the following:

• Swabbing and Testing – if you are now involved in this important line of work, this needs to be disclosed and fully assessed. Failure to respond could invalidate potential claims
• COVID-19 Vaccination – once again this needs to be discussed and agreed with your insurance company
• NHS Additional Support and Activity – a number of Private Ambulance companies are now helping out at A & E Departments with a range of support led-service which includes triaging and other higher risk activity. Please do not assume that the NHS will not hold you responsible for potential errors or omissions and that your insurance company will automatically provide cover
• Business Description – please review and where necessary amend your underwriting records to include all work undertaken, especially any new activity linked to Coronavirus
• Qualifications & Training – please make sure that all your staff are fully trained and qualified for any additional role responsibilities and records are documented and maintained for future reference
• Public Health England (PHE) – please make sure that you follow all guidance issued by PHE as failure to do so may have a detrimental effect on your policy cover
• Internal Procedures and Systems of Reference – please make sure that you have internal procedures that continually monitor the latest rules and guidelines issued by PHE. Coronavirus is a disease that mutates and changes and with that, the guidelines from PHE are evolving to respond to this challenge

The range of additional service-led opportunities open to the private sector are increasing and they are set to continue for some time. This comes, however, with a greater element of risk. At Specialist Risk Insurance Solutions (SRIS) we have crafted insurance programmes that offer a wide range of protection against the risks affecting the private ambulance sector, including specialist cover for swabbing, testing and vaccination.

Our expert team would be happy to undertake a full review of your insurance programme to highlight cover enhancements and service improvements we can make to ensure you are receiving the best possible service from an insurance broker. Please click here to request a review and we will be in touch in due course.

To find out more about our bespoke offering for private ambulance businesses, please click here.