Bodily injury caused by a Cyber Event
As the market leader, we strongly believe in looking for improvements to the scope of our Members’ cover and we are proud to announce another enhancement to the scope of Incision cover. Existing Members will have the benefit of this enhanced cover straight away, and new Members will have the benefit of this enhanced cover when they join.
There are numerous ways for a Cyber Event to happen, but among the most potentially dangerous include network extortion threats, incidents where a malicious third party locks you out of your own computer system or email account, or a computer virus that locks you out or deletes data.
The risk for you and your patients is that this will adversely affect patients’ care. Patient records could be lost or deleted and would take a long time to recreate. Inviting and arranging follow-up appointments could be severely disrupted. Delays in follow up could result in diseases including cancer going undiagnosed and untreated, or serious post-op complications not being managed. There are so many situations where a delayed follow up could result in very severe clinical consequences for the patient.
In short, there are situations where a Cyber event could lead to bodily injury to your patients, not just financial loss and inconvenience to you.
Many other policies have a lacuna in cover here. Most medical indemnity policies contain exclusions to ensure that the medical indemnity insurer does not inadvertently become liable to pay the financial cost of a Cyber incident. And similarly most Cyber policies contain exclusions to ensure that the cyber insurer does not inadvertently become liable to pay clinical negligence compensation claims. The combined effect could be that a clinical negligence claim where the ‘negligence’ was clearly caused by a Cyber incident, might not be eligible for cover under either policy.
The enhancement to the Incision medical indemnity policy is designed to solve this problem. The wording has now been amended to make it clear that even where the patient’s claim for bodily injury arises from a Cyber event over which the surgeon had no control, the patient’s claim for compensation for those injuries is still covered.
While cover will always be subject to the overall terms and conditions of the policy, we hope it reassures to know that we are always working hard to identify ways to protect our Members, and their patients, in the best way.
Incision Members can contact the 24/7 Incision Medico-Legal helpline if they ever need to discuss or notify these or any other incidents arising from their practice.