Secondment · protocols · training records
Professional indemnity insurance (BAV) for practice support workers
If you supply practice nursing with several people to GP practices or care groups, your business is held to account for your staff's work. Competence and protocol are then not paperwork but conditions of cover.
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Deze pagina in het Nederlands: Beroepsaansprakelijkheidsverzekering voor praktijkondersteuners.
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
As soon as you employ or second practice nurses, the risk shifts from the individual care provider to your business. For mistakes by staff on the payroll you are liable under Article 6:170 of the Dutch Civil Code; if you hire in self-employed professionals to staff a practice, Article 6:171 of the Dutch Civil Code can catch you as principal. The instructing practice will also include a minimum sum insured and usually a right of recovery in the framework agreement. Assess those two provisions before you sign, because they determine what cover you need.
In substance it is care, and therefore the standard of good care provision in Article 7:453 of the Dutch Civil Code. The loss in this work arises in assessing and following up measurements: a spirometry carried out incorrectly leading to a wrong conclusion, an ankle-brachial index not repeated, a review appointment skipped for a year through a diary error. Such claims include injury and that calls for cover including both injury and financial loss arising from professional practice, as described under the liability insurance for care and welfare.
Do not forget your own people. If they work on third parties' premises, your duty of care in Article 7:658 of the Dutch Civil Code continues to apply, including paragraph 4 for hired-in staff. A needlestick injury during blood sampling or an incident of aggression at the desk is a claim by your employee against you and belongs in the employer's liability section of public and employers' liability insurance. The points to note for sole practitioners are set out under the self-employed POH.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
What an organisation must watch
Four subjects that make the difference in a claim in organised practice nursing.
Keeping competence demonstrable
For reserved and high-risk procedures you must be able to show for each member of staff when the training was completed and how competence was assessed; Articles 35 and 36 of the Dutch Individual Healthcare Professions Act (Wet BIG) require that for the instruction. A centrally maintained training and competence file is your most important document when a claim arises. Insurers regularly ask about it in underwriting.
The client's protocols versus yours
Every practice works slightly differently. Have it recorded in writing which protocol takes the lead and who gives the delegation instruction. If loss arises because two ways of working become mixed, the parties point at each other and in the end the one with the poorest documentation pays.
Retroactive cover for new staff, run-off cover when they leave
Most policies are claims-made. A claim about work a new member of staff carried out elsewhere falls outside the policy without retroactive cover; a claim about work with you that only comes in after they have left falls under your policy provided it is still in force or run-off cover has been arranged. Make both a fixed part of joining and leaving.
What the business carries itself
Not covered are: administrative fines and penalty payments, sanctions imposed by a disciplinary tribunal on a member of staff, carrying out your own service again or free of charge, loss caused by intent or wilful recklessness (Article 7:952 of the Dutch Civil Code) and liability arising from an indemnity or warranty in a framework agreement. For disputes about that agreement, look at business legal expenses cover.
What does your premium depend on?
- Payroll and number of practice nurses: the main measure for an organisation with staff
- Annual turnover from services: often weighed alongside the payroll
- Fields of work: somatic care, care for older people and mental health each have their own loss profile
- Employment or hiring in self-employed professionals: determines whether Article 6:170 or 6:171 of the Dutch Civil Code applies
- Number of instructing practices: more contracts means more varied requirements
- Retroactive cover required: needed when growing with experienced staff
Insurers weigh these details differently. That is where your saving is.
What falls under which policy
| Situation | AVB | BAV |
|---|---|---|
| Wound care by your member of staff in which an infection is recognised too late | No | Yes |
| A medication review for an older patient in which an interaction is overlooked | No | Yes |
| A member of staff who falls on the stairs at an instructing practice and breaks an ankle | Yes | No |
| A patient who trips over the cable of your measuring equipment in the consulting room | Yes | No |
| The cost of defending yourself against a GP practice holding your business liable | No | Yes |
| Deploying extra staff free of charge to clear a backlog of check-ups | No | No |
The AVB covers injury and damage to property, including your employer's risk. The BAV covers the clinical mistakes of your practice nurses.
Frequently asked questions
This is what people ask us most.
The GP practice is the main contractor. Why should I have to be insured?
Because the practice can put the loss it pays the patient to you. Virtually every framework agreement contains a provision for that, alongside a requirement about the minimum sum insured. Without your own cover you pay such a recovery claim out of your own funds, including the cost of the defence that precedes it.
Are interns and students co-insured?
Only if the policy names them. Most insurers include interns in the class of insured persons as long as they work under supervision, but the wording differs. Also record who provides that supervision and which procedures a student may carry out independently. In an incident that is the first thing asked about.
A member of staff is injured by a needlestick. Which policy is that?
That is employer's liability and not a professional error. Under Article 7:658 of the Dutch Civil Code you must show that you had arranged safe needle systems, instruction and a follow-up procedure. That duty of care also applies to hired-in workers through paragraph 4. The cover runs through public and employers' liability insurance, not through this policy.
What if a member of staff takes patient data to another practice?
That is a privacy incident. As an organisation you are accountable for the processing and you have to notify and put things right. Those costs and liability towards patients belong on a cyber insurance. A fine from the regulator remains uninsurable in every case.
Read more
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