Who is Responsible for Malpractice Insurance for Locum Tenens?

Locums have been used in the medical profession for many years. Much like in other industries that utilize part-time or temporary staff, this working arrangement has proven beneficial both to the part-time or short-term contracted employee (locums), as well as the organisations that they serve. 

To mention only a few benefits of this system, medical practitioners who become locums are able to enjoy greater working flexibility, while practices have access to a highly skilled and accountable pool of individuals they can call on when they are facing staff shortages.

There are more doctors and other medical professionals treating patients on a “locum tenens” basis than ever before. And while the industry has evolved in recent years, the need for effective insurance cover for organisations and individual locums is as important as ever. 

What Is Locum Insurance

Despite what many people think, hospitals and practices all over the country are like any other business or organization. Even if their sole purpose is not to generate a profit, the effective running of these entities still requires a careful management of resources. And with millions of individuals hired within medical roles throughout the nation, and even more people being served by them as patients, making sure that everything from finances to legal issues are covered for is vital.

GPs, opticians, dentists, hospitals and more all face similar staffing issues. Whether it’s due to maternity leave, retirements, unexpected departures, or an increase in needs, medical organisations often find themselves facing a shortage of practitioners. 

Locum insurance caters to this need by covering organisations for the cost of hiring support staff to help out when needed. Essentially functioning as temp workers, much like substitute teachers, they are used to meet the needs of various hospitals and GPs, offering an important service to society. 

What is a Locum Doctor? 

Locum tenens is Latin for “to hold the place of”. While their employment status is different from doctors employed full-time by a hospital or those in private practices, these locums are still held to the same standards and responsibilities as other physicians. For the actual patient, there should be no difference in the level of care they are offered.

Malpractice Issues for Locums

When a locum makes a mistake and commits medical malpractice, there is sometimes confusion about who is responsible and whose insurance will cover the consequence of such an issue. 

As locums are often working in temporary roles as part of a locum staffing agency, the agency often covers the individual in many situations. However, before assuming that this is always the case, it’s crucial to consider whether all activities of the professional are covered and that there are no instances where the individual practice or professional is liable. 

In truth, when a physician engages in professional negligence they are ultimately responsible for the damage caused by his or her negligence, whether by making a surgical error, or other medical mistake. Even though locums are not hospital employees, hospitals and GPs can still be liable to malpractice issues. 

What Responsibility Do Staffing Agencies Have?

Locum staffing agencies who hire and allocate doctors and other professionals are required to effectively evaluate the credentials of their employees. This will include looking at their professional history and experience. 

In this process, any and all risks and threats that may arise from the doctor’s profile must be flagged and all medical organisations that work with these individuals must be notified. If they don’t, they could be held directly liable for any injuries or mistakes that the professional makes.

In a nutshell, the staffing agency is relied upon to perform a certain amount of due diligence when hiring, and if this is not done correctly and a malpractice claim emerges in the future, attention will be paid to whether the agency effectively confirmed the doctor’s credentials and background. 

Malpractice Insurance for Locums

Malpractice is an important issue you should be aware of, regardless of what type of physician or organisation you are. When engaging in locum services, it is always prudent to diligently review your contract, scope and responsibilities and identify any areas you might be liable. 

For more information on this topic or to review our insurance policies especially designed for Locums, get in touch with us at Approachable Locum Insurance