Class of insured persons · locums · transferring the practice
Professional indemnity insurance (BAV) for an osteopathy practice
As soon as more than one practitioner works in your practice, the question shifts. Not whether the treatment was correct, but who is liable and whether that person is on your policy.
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- 9.5 customer rating for a new policy
- AFM licence 12016589
- Personal 072 - 509 24 56, weekdays 9–17
Deze pagina in het Nederlands: Beroepsaansprakelijkheidsverzekering voor een osteopathiepraktijk.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
A client alleging injury after a treatment addresses his letter to the practice, even if the procedure was carried out by a colleague or a locum. For practitioners on the payroll that liability rests with you as employer under Article 6:170 of the Dutch Civil Code. If you engage a self-employed professional to cover your diary, Article 6:171 of the Dutch Civil Code can make you liable for that non-subordinate auxiliary, because the client sees the whole as your business. So the practical question is not which techniques were used, but whether the practitioner concerned falls within the the range of insured persons of your policy.
Have that class described expressly: the practice owner, practitioners on the payroll, locums, interns and the practice as a legal entity. A locum with their own policy is welcome, but does not automatically cover the claim brought against your practice. If the matter goes to the Wkkgz disputes body your practice is affiliated to, the practice is the party and not the individual practitioner. What professional cover does in general is set out on the hub page; the risk profile of the treatment itself is set out under the self-employed osteopath.
Alongside the treatment, the practice runs the ordinary business risk. A client who slides off the treatment couch when no one is there, a wet floor in the waiting room or water damage to the rented premises does not fall under the professional cover but under a public and employers' liability insurance. If you have staff, the duty of care in Article 7:658 of the Dutch Civil Code is added: lifting and posture complaints are a real occupational risk in this profession.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
What a practice comes up against
Four points that go wrong in a practice with several practitioners more often than the treatment itself.
Exactly who is on the policy schedule
If you take on a practitioner or let someone work alongside you on a self-employed basis, report it to the insurer. A practitioner who has not been reported falls outside the class of insured persons, and then the practice faces the claim alone. Set out in the cooperation agreement who maintains which insurance and what the minimum sum insured is, and ask for proof of cover each year.
Retroactive cover for a new practitioner
Professional policies generally work on a claims-made basis: what counts is when the claim is notified. If someone starts with you and a claim comes in about a treatment from their previous post, that is not insured without retroactive cover. When they start, agree who arranges run-off cover for the old policy and record that in writing.
Records, handover and closing the practice
In case of illness, departure or a sale of the practice, client records must remain available; they are the heart of your defence in a later claim. Arrange the retention period and access in writing and, on a transfer, maintain run-off period for the period in which you were still responsible yourself. Buying run-off cover afterwards is usually not possible.
What the practice pays itself
The following are not covered, among others: refunding treatment fees where there is no injury, fines and penalty payments from a regulator, loss caused by intent or wilful recklessness (Article 7:952 of the Dutch Civil Code), and liability you take on by contract through an indemnity in a rental or cooperation agreement. A dispute between practice owners also falls outside. For that, look at legal expenses.
What does your premium depend on?
- Number of practitioners: every extra pair of hands increases the exposure
- Annual turnover of the practice: the usual basis for the rate
- Employment, locum work or hiring in self-employed professionals: determines whether Article 6:170 or 6:171 of the Dutch Civil Code applies
- The practice's range of treatments: manipulation and infant care are assessed separately
- Retroactive cover requested: needed on an acquisition or with new staff
- Combined with business liability: one policy for treatment and premises saves discussion
Insurers weigh these details differently. That is where your saving is.
What falls under which policy
| Situation | AVB | BAV |
|---|---|---|
| Injury to a client caused by a manipulation by a practitioner on the payroll | No | Yes |
| An intern who mobilises a client too forcefully under supervision | No | Provided that |
| A client who slips on a wet floor in the waiting room | Yes | No |
| Back complaints in a member of staff after years of lifting and treating | Yes | No |
| The cost of defending a notice of liability addressed to the practice | No | Yes |
| Client records lost after a system failure and impossible to reconstruct | No | No |
The AVB covers the practice premises and your employer's risk, the BAV the treatment itself. For lost records, look at cyber insurance.
Frequently asked questions
This is what people ask us most.
A locum makes a mistake. Is my practice sued?
In reality that happens almost always, because the client made the appointment with your practice. Article 6:171 of the Dutch Civil Code makes a principal liable for mistakes by a non-subordinate carrying out work in the course of his business. You can then pursue the locum, but that only works if he is adequately insured himself. Check that in advance.
Are interns and assistants covered?
Only if the policy says so. Most insurers include interns in the class of insured persons when they work under supervision, but the wording differs from company to company. Have administrative staff included as well, because a mistake in a referral or in recording an appointment can lead to a claim without any treatment having taken place.
Is injury to a member of staff covered on this policy?
No. Loss suffered by your own staff falls under employer's liability, a section of public and employers' liability insurance. Under Article 7:658 of the Dutch Civil Code you must show that you provided a safe workplace. In osteopathy that means working heights, lifting instruction and break arrangements. Missing instruction or prevention can lead to a lower payment.
What happens in a data breach in our appointment system?
Treatment data is special category personal data, so a breach affects your whole client base at once. Investigation, recovery, communication with the data subjects and liability towards them belong on a cyber insurance. The professional cover concerns treatment errors and is of no help here.
Read more
Within Beroepsaansprakelijkheidsverzekering
- Beroepsaansprakelijkheidsverzekeringthe main page
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- Beroepsaansprakelijkheidsverzekering acupunctuur praktijk
- Beroepsaansprakelijkheidsverzekering dietistenpraktijk
- Beroepsaansprakelijkheidsverzekering huidtherapie praktijk
- Beroepsaansprakelijkheidsverzekering psychologenpraktijk
- Beroepsaansprakelijkheidsverzekering fysiotherapiepraktijk
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