Medical 
Malpractice
Insurance
Definitions

Capson

Medical malpractice definitions may vary between medical malpractice insurance companies and these definitions are as general as possible. They are intended to provide general information but should in no way be construed as advice. Remember to always consult your policy.

ADDITIONAL NAMED INSURED

Any named insured listed in the Declarations other than the First Named Insured.

CLAIM

The receipt by the insured of a notice of legal action for damages; or the receipt by the insured of a notification of an intention to hold the insured responsible for damages.

DAMAGES

All actual monetary damages. Damages do not include 1) punitive, exemplary, treble, or other multiple or additional damages in excess of actual compensatory damages, or 2) attorney's fees awarded to or incurred by the patient, whether such additional damages or fees may be awarded at common law or under any applicable antitrust, deceptive trade practice, or any similar federal or state law, statute and/or regulation.

DECLARATIONS

The documents which validate coverage provided under the policy. No coverage is in effect unless a Declarations has been issued.

EFFECTIVE DATE

The date and time stated on the Declarations when coverage under the policy commenced.

EMPLOYED NON-PHYSICIAN HEALTHCARE PROVIDERS

Employees of the First Named Insured who are not physicians. These include physical therapists, physician assistants, certified registered nurse anesthetists, nurse practitioners, or nurse midwives. There is no individual coverage for any employed non-physician healthcare provider unless specifically stated on the Declarations, schedule of Additional Named Insureds, and/or endorsements. In addition, the insurance provided, if any, to the employed non-physician healthcare providers applies only to the professional services they render while employed and supervised by a named insured physician. There is no vicarious liability coverage for any employed non-physician healthcare provider unless specifically stated on the Declarations, schedule of Additional Named Insureds, and/or endorsements and that employed non-physician healthcare provider is individually named on the Declarations, schedule of Additional Named Insureds, and/or an endorsement.

ENDORSEMENT

A document which changes or supplements the coverage provided by the policy. The terms of any endorsement shall supersede the terms of the policy.

EXPIRATION DATE

The date and time stated in the Declarations when coverage under the policy is terminated, unless previously canceled.

FIRST NAMED INSURED

The person or entity listed first on the policy Declarations as an insured. The First Named Insured is granted certain rights and responsibilities as delineated in the policy.

HAZARDOUS PROPERTIES

Includes radioactive, toxic or explosive properties.

INJURY

Bodily injury, sickness, or disease sustained by any person, including death at any time resulting there from.

INSURED

Any person or entity qualifying as an insured of the policy or named as an insured in the Declarations.

LIMITS OF LIABILITY

The per claim and aggregate limits listed in the Declarations for each insured.

MEDICAL INCIDENT

Any act or omission in the rendering or failure to render professional services. Any such act or omission, together with all related acts or omissions resulting in injury from continuous or repeated treatment for substantially the same general condition or ailment to all persons involved therein or affected thereby shall be considered one medical incident.

NAMED INSURED

The person or entity named in the Declarations of the policy.

POLICY

The policy referred to in the Declarations and all forms and endorsements forming a part of the policy.

POLICY PERIOD

The period commending on the inception date or effective date shown in the Declarations and ending upon the earliest of the effective date of termination, expiration or cancellation of coverage under the policy.

PREMIUM

The charges by CPIC to a particular insured for providing coverage under the policy.

PROFESSIONAL SERVICES

The practice of a physician or other non-physician healthcare provider, or serving as a member of a duly established committee or board of a hospital medical school or professional society or association, acting within the scope of such insured's duties with respect to a) medical staff privileges, or b) accreditation or disciplinary matters relating to competency.

RETROACTIVE DATE

The earliest date for which a professional service is covered under the policy.

SUIT

A civil proceeding in which damages because of injury to which this insurance applies are alleged. Suit includes 1) an arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent, or 2) any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.