BIOS Professional Liability Insurance

Guidelines for BIOS Members Reporting of Actual or Potential Claims

Introduction

Any claim or incident that challenges the professional integrity of BIOS members creates stress and anxiety for the members concerned. Following these simple guidelines will ensure that expert help is engaged at an early stage of the proceedings.

Members Obligations

There is a requirement under the scheme for members to act quickly and notify insurers via the BIOS immediately they become aware of a claim, or of an adverse incident which may give rise to a claim. Failure to do so may prejudice member’s rights under the policy.

Who Should Be Notified?

Members should initially contact BIOS preferably by email on membership@orthoptics.org.uk or by post to British and Irish Orthoptic Society, Tavistock House North, Tavistock Square, London,WC1H 9HX, or by telephone on 0207 3877992.

Next Steps

• Once BIOS is advised by a member about a claim or potential claim against them, it will advise the member to immediately contact the Scheme brokers LFC Graybrook Limited by email at biosclaims@lfcgraybrook.co.uk or by post to LFC Graybrook Limited, MKM House, Baron Road, South Woodham Ferrers, Essex, CM3 5XQ, or by telephone on 01245 321185
• The broker will provide advice on the steps to be followed, and about completion of a claim form.
• The member will return direct to LFC Graybrook Limited the completed claim form, together with as much information as possible, copies of all correspondence, copies of medical records, and notes of any telephone calls etc.
• The brokers will provide BIOS with copies of all claim forms received.
• BIOS will confirm to LFC Graybrook Limited validity of membership and confirmation the incident arose within the scope of practice
• All documents will then be submitted to MPS Risk Solutions for registering as a potential claim under the PLI policy. Their own highly experienced Medico-Legal team will be engaged and send direct to the member a further acknowledgement again advising the next steps to be followed. At this point the insurers will take over management of the claims process, and will continue to deal directly with the member, and where necessary the patient and/or their legal advisers until the matter is resolved.

The majority of allegations received by members are unfounded, but the process of resolving the various issues and establishing whether or not negligence has taken place can be a long and slow process.

What Incidents Should Be Reported?

Not all complaints need to be notified and as a general rule the following should be advised:-

• If members receive (or think they may receive) a complaint from a patient arising from something that has occurred during the provision of treatment, even if the member believes the complaint is without merit.
• Members suspect (or know) that the patient has suffered harm or loss as a result of treatment.
• Members are aware that a complaint has been made to the Health Professions Council (HPC), where harm/loss to the patient is alleged or suspected.
• Members have been requested to release to copies of the patient’s medical records.

If members are unsure whether an incident should be reported, please email the BIOS insurance brokers at biosclaims@lfcgraybrook.co.uk providing as much background information as possible.

Member's Acknowledgement of Claims

It is perfectly acceptable for members to write a simple letter of acknowledgement to the patient (or their legal representatives), confirming receipt of any letter of claim or potential claim. The letter may also advise that the matter has been referred to their own Professional Body, British and Irish Orthoptic Society for advice.

The member should not however at this stage comment on the treatment or advice given, nor on any allegations made, or make any offer of compensation.

Click here to download a copy of the claim form, including guidance notes

Documents to Download

Click here to download a copy of the claim form, including guidance notes

If you require assistance or further information please click here to send an email or call one of our advisers on 01245 321185.