Professional Liability Insurance
MUSC provides residents with medical professional liability insurance through the South Carolina Insurance Reserve Fund (IRF). This coverage includes all patient care activities required by the residency programs including any approved “internal” moonlighting. The policy is an “occurrence” policy therefore, protection extends beyond the last day worked.
The policy will pay all sums the insured is legally obligated to pay, up to the limits stated in the policy, due to an occurrence which results in injury arising out of rendering or failure to render one or more of the professional services listed in the policy.
Residents are not covered under this policy for any act arising out of dishonest, fraudulent, criminal, malicious, or deliberately wrongful acts or omissions. The following are also not covered.
a) Any resident whose acts or omissions are responsible for false and fraudulent claims;
b) Any resident who violates or shows disregard for Federal and State statutes and regulations;
c) Any resident who engages in external moonlighting.
NOTE: The IRF has the option to refuse defense for deliberately unreported; untimely reported; and/or misrepresentation of occurrences when claims and suits are filed against the Insured (individual involved).
Your Responsibility for Your Insurance Coverage
Reporting any and all occurrences with particulars, names and circumstances thereof as soon as practical following the occurrence. Occurrences must be reported to the Professional Liability Division, University Risk Management who is MUSC’s connection to the Insurance Reserve Fund. Reporting can be done by calling the Professional Liability Manager at 843-792-3883.
As an MUSC resident, you may have the opportunity to practice medicine in various facilities through out the state. Residents are to report occurrences according to the guidelines within various clinical departments, hospital, or facility where care is provided.
Residents must cooperate with the Risk Management Department, Legal Office, and the IRF upon any and all requests made to them.
NOTE: In the event a claim or suit is filed after a resident leaves MUSC, it is still the resident's responsibility to cooperate with the departments listed above. Again, the policy is “occurrence" based, therefore, residents will not have to purchase “tail coverage.”
Occurrences or Reportable Incidents “Occurrence” means any accident, incident, or other event (including non-action) which does occur or may reasonably be expected or intended by the insured.
Examples of occurrences:
serious medication reaction
loss of limb(s)
hospital acquired fractures or lacerations
loss of eye
loss of reproductive function
total or partial paralysis
unplanned returns to the operating room
unplanned transfers to a critical care unit
delays in D/C greater than 2 days unplanned readmission or ER visit “against medical advice” situations
NOTE: The patient and/or family may believe an injury has occurred and bring legal action against a care giver.
Injury as Defined by IRF
“Injury” means bodily physical injury, sickness, disease, mental or emotional distress accompanied by physical manifestation thereof, or death resulting from any one or more thereof.
Limits of Liability
For physicians and dentists, the limits are 1.2 million dollars for a single occurrence with no annual aggregate.
A representative from the Professional Liability Division, University Risk Management is available to discuss any concerns residents may have about risk issues, reporting occurrences, insurance coverage, and responsibility for maintaining coverage. For further information, call (843) 792-3883.