New regulations put forward by the Health Ministry aim to establish a clear minimum level of insurance coverage for cases of medical negligence, introducing additional safeguards for patients and tighter obligations for insurers.
The draft regulations, currently under public consultation until 18 September, set a minimum insurance cover of €450,000 for individual doctors, whether self-employed or employed, and €900,000 for medical companies.
The regulations are intended to give practical effect to the legal requirement for professional negligence insurance, defining not only minimum coverage levels but also the terms that insurance policies must include.
Wide range of doctors covered
The proposed obligation would apply to a broad range of medical practitioners, including:
- Self-employed and employed doctors.
- Medical companies.
- Doctors holding special licences to practise in institutions or hospitals.
- Overseas specialists.
- Medical professionals providing services in Cyprus under the free movement of services framework.
Medical negligence is defined as professional liability arising from a negligent act, error or omission in the practice of medicine that causes physical or psychiatric injury, illness, disease or death to a patient.
The framework therefore extends beyond surgical errors and covers a wider range of possible professional liabilities.
What does the €450,000 cover?
The minimum limit of €450,000 includes compensation awards, claimants' costs and interest.
The amount would apply both per incident and in aggregate during the insurance period.
In addition, policies must provide at least €50,000 for the insured's legal defence costs, separate from the main coverage limit.
The proposal means that a doctor holding a policy with coverage of, for example, €250,000 would not meet the minimum requirements if the regulations are approved in their current form.
The €450,000 figure is not a fixed compensation amount for every medical negligence case but rather the minimum level of insurance cover required.
Informed consent cannot be excluded
Particular attention is given to exclusions that insurers would no longer be permitted to include.
The draft explicitly prohibits the exclusion of claims arising from a doctor's failure to properly inform a patient and obtain informed consent.
As a result, claims alleging that a patient was not adequately informed before a procedure or treatment could not be excluded from coverage on that basis.
Insurers would also be prohibited from excluding negligence claims relating to specific diseases or conditions, including:
- Pregnancy complications.
- AIDS.
- Hepatitis.
- Genetic abnormalities.
Some exclusions still permitted
Certain exclusions would remain permissible.
These include:
- Intentional or dishonest acts.
- Fines and penalties.
- Conduct while under the influence of alcohol or drugs.
- Certain pandemic-related and newly emerging disease cases.
Policies may also include a deductible of up to €5,000 per claim, meaning the insured could be required to bear the first part of a loss.
Protection beyond retirement
The safeguards extend beyond the life of the insurance policy itself.
The draft requires a run-off liability period of at least two years for insured practitioners who cease practising during the period of coverage.
The regulations also establish rules on retroactive cover to reduce the risk of gaps where claims arise after the relevant medical treatment has taken place.
Reporting obligations
Doctors would be required to notify their insurer of any claim within seven working days of receiving it, or as soon as reasonably practicable.
Where practitioners become aware of circumstances that could potentially lead to a claim, notification must be made within 30 working days.
Policies would be issued on an annual basis and could be drafted in either Greek or, by mutual agreement, English.
An additional 30-day notification period would also be provided.
