Professional Liability or General Liability: What Qualifies as the Rendering of 'Professional Services'? Bromfield, Saxe Doernberger & Vita, P.C., Hamden, CT In today's litigious society, the healthcare provider inevitably will need to turn to its insurers to cover claims and suits brought against it. Especially with increasing verdicts, it is crucial that healthcare providers and risk managers be aware of and understand what coverage is available to respond to liability claims -- and what must be done to gain access to that coverage. A healthcare provider typically has, as part of its insurance arsenal, a professional liability policy and a general liability policy. Although in the past, it was typical for a healthcare provider to purchase both policies from the same insurer, this is no longer the case due to adverse trends in the professional liability market and the increased use of self-insurance. Sometimes a healthcare provider is self-insured at the primary layer for its professional liability but purchases coverage from an insurer for its general liability.

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Ghosts Of Flatbush Hbo Sports Documentaries. It is important to understand when a claim might be considered professional liability, when it might be considered general liability, when it might be a combination of both, and what the healthcare provider must do to ensure that it receives all of the coverage to which it is entitled. The professional liability policy typically covers damages because of a 'medical incident' resulting from 'professional healthcare services. Elegance Jc 5428 Manual Arts. ' A 'medical incident' is typically defined as any act or omission in the rendering or failure to render professional healthcare services. Although some policies further define by way of example what is meant by 'professional services,' the term 'professional services' as defined by case law generally means work 'requiring knowledge of an advanced type in a field of learning or science customarily acquired by a prolonged course of study of specialized intellectual instruction' or 'services that require specialized skill, knowledge, learning, or attainments.' On the other hand, services requiring 'training in the performance of routine, manual, or physical processes' are not considered 'professional services' and will not be covered under a professional liability policy.

As evidenced by case law, it is sometimes unclear as to what type of claim falls on the professional liability side, and what type falls on the general liability side. Consider the following scenario: An elderly patient walking down a hospital hallway slips and falls on spilled water, and breaks an arm. Conceivably, a resulting claim involves the rendering or failure to render 'professional services,' due to the staff's failure to monitor and to prevent the patient from walking the hallways unassisted. The claim could also, however, invoke a general liability policy by way of allegations of negligence against the hospital for failing to keep the premises in a safe condition. Update Trekstor Ventosa there. Does the claim fall on the professional liability side or the general liability side? More importantly, should the hospital's professional liability carrier (or self-insurance) or its general liability carrier respond to the claim?