Professional liability insurance with a minimum amount – dentalmagazin.de

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30.11.2020 / 07:41

Decision of the Federal Ministry of Health

In the future, it will be mandatory for contract dentists and contract doctors to take out professional liability insurance with a minimum amount based on the insured event. This has now been decided by the Federal Ministry of Health. This is intended to ensure that contract dentists and contract doctors are adequately insured against liability risks arising from their professional practice.


Professional liability sum insured

If a dentist cannot provide proof of professional liability insurance, the competent chamber can impose administrative fines or initiate professional legal action © N. Theiss – stock.adobe.com


The draft of the Federal Ministry of Health (BMG) aims to implement Claims for damages and recourse claims to strengthen in the case of malpractice. This becomes the Professional liability insurance becomes a duty for contract doctors and contract dentists – including a fixed one Minimum amount. The BMG refers to the Federal Court of Justice, which had criticized in its examination that the contract dentists and contract doctors to be liable in cases of Malpractice had no or insufficient liability insurance.

No regular review of professional liability insurance

Due to the chamber and health professions laws of the federal states and a federal regulation, dentists and doctors are obliged to insure themselves against liability claims as part of their professional activity. However it is only in a few chamber districts prescribed one Provide proof of insurance. A Verification of insurance coverage only randomly or event-related. There is no standardized procedure for checking.

Specifically, the draft of the Health Care Development Act provides that the Minimum amount for professional liability insurance three million euros for personal and property damage for each insured event. The benefits for all damage caused within one year may not be limited to more than three times the minimum amount insured.

Insurance certificate becomes mandatory

It is important that that special liability risk the dentists covered be. The amount of the sum would have to take into account parameters such as the liability risk, the specialist group, the range of services, the patient clientele and the hierarchical level.

The draft states that dentists in the case of admission, applications for authorization and approval of employment and if the admissions committee so requests with an insurance certificate Must attest to professional liability insurance. In addition, the doctor or dentist is obliged to notify the admissions committee in the event of a change that could affect the relationship with third parties, in the event of failure or termination of the insurance cover. In the event of violations, this should be reported to the Chamber. Compliance is checked by the approval committees.

Admission can be suspended without a certificate

If that Committee does not have an insurance certificatethis must be done by the policyholder submitted later will. If this does not happen the admissions committee may approve the admission by resolution let rest. The regulation applies to contract doctors and dentists as well as to authorized doctors, care centers and professional associations with employed doctors and dentists. According to the draft from the Federal Ministry of Health, there must be liability insurance cover for the entire medical activity of the outgoing service provider.

A comment from the BZÄK

The BZÄK regards dentists’ insurance against liability claims from their work as an important part of patient protection. Therefore, professional liability insurance can also be found in the professional ordinance of all dental associations. The dentist already has the obligation to prove this insurance cover to the chamber. The chamber pursues such violations and can impose a fine or even initiate professional judicial proceedings. This system is very tried and tested, and further development could eliminate existing errors. In the case of full professional liability insurance, it would also be advisable to commission the dental associations in countries where this obligation does not yet exist.

The existing deficits would not be resolved by separating private dental and contract dental liability claims in professional liability insurance. The German Medical Association rejects this additional obligation to professional liability insurance, as this is only partially reflected in social law. So this duty serves neither dentists nor patient protection.

Those: Deutsches Ärzteblatt

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