All members are automatically covered by the AOP’s Pro-Guard legal defence package, which includes:
What are you covered against?
In brief, the AOP gives its members an unrivalled defence service, which gives assistance to members in just about all the eventualities which an honest practitioner could expect to encounter during his or her working life. In the event of a patient making a civil claim against you for malpractice or negligence the AOP’s insurers will pay any compensation awarded against you up to a maximum of £2 million. This sum will include both the patient’s and your own costs. The policy also covers the work done by optometric advisers.
The Tax and VAT insurance cover offers additional reassurance (and cost benefit) to the practice owner and the free, 24-hour legal helpline offers advice on any topic (personal or business), all year round.
Whatever your mode of practice, Pro-Guard offers you a real, tangible benefit and is explained at great length in the following pages of the handbook. If you are unsure of anything regarding your cover, please contact the AOP. We will be delighted to help.
Your insurance is given on a “claims made” basis; this means that while you are an AOP member your insurance will cover you, even for events which took place before you were a member. The downside of this is that if you cease to be a member, you will cease to be insured – even for events which took place while you were a member.
Retirement: if you are an AOP member when you retire, we will give you run-off cover for a one-off fee. In other words, when you retire, you will remain in AOP membership without having to pay us an annual subscription fee to cover you in your retirement.
What to do if you suspect a claim may be made against you
Nothing could be simpler. CALL US. As soon as you think that there may be a claim made against you, or if you have any impending legal problem relating to your practice as a clinician, just call the AOP and ask to speak to someone in the legal department. We will give you advice as to what course of action to take, no matter what your problem.
Remember: as soon as you have reason to believe that a case may be made against you, you MUST contact the AOP legal department immediately. Not to do so may invalidate your insurance. The AOP will then talk you through what, if anything, needs to be done. Remember, whatever the problem, it is best dealt with early.
This does not mean that you have to report every examination which doesn’t go entirely smoothly or where you have made a difficult clinical judgement. It does mean that if you feel that you have made a serious mistake, or that your patient thinks that you have made a serious mistake, you should tell the AOP about it, without delay.
Frequently asked questions
Refractive surgery: I provide pre and post-operative optometric services to patients undergoing refractive surgery. Am I covered?
The basic answer is yes.
Working abroad: I am going to practice abroad. Will my AOP membership provide me with PI while I am working?
Cover is intended for practitioners working within the United Kingdom. Our insurers may be willing to extend cover to members working abroad for short periods but it will be at their discretion and should be arranged before such a period of work commences. It is unlikely that cover will be granted to members wishing to work in North America. Call the AOP for more details.
Insurance Certificates: I need to supply my employer with proof of my insurance cover. What shall I do?
The AOP can provide members with certificates of cover in respect of professional indemnity insurance and product liability insurance. Please contact the AOP.
Papers needed in the event of a claim: I think a claim is about to be made against me. What papers will I need to provide?
First of all you must contact the AOP immediately. They will tell you exactly what you need to provide. In general you will be asked for copies of the patient’s records, of any correspondence you may have between yourself and the patient or his representatives and also your own account in writing of your dealings with the patient and of your comments on the complaints made against you.
Admitting liability: A patient has made a complaint against me and I believe he has a point. I think that I did miss something which I could and should have picked up. Can I tell him that I accept liability?
You must not admit liability or attempt to settle the claim but that does not mean that you cannot be polite and express regret for the situation.
Employers’ insurance: I am about to take a job with an employer who has a PI policy for the practice. Do I need to keep up my own insurance policy?
Yes! In a recent case a professional was sued by a client because the company for whom the he had worked at the time of the incident had subsequently gone bankrupt. You never know what is going to happen in the future, so you need to take responsibility for ensuring that you have your own personal insurance.
Indemnity insurance for me and my practices: I run a couple of practices and employ five optometrists and three dispensers. Can the AOP provide me with insurance for claims made against me or my business arising out of one of my staff’s mistakes?
Yes. Provided all the qualified members of staff are members of the AOP, the policy will insure you and your practice for claims made against the practice, as opposed to against an individual practitioner. This is known as vicariously liability cover.
Record keeping: I pride myself on the quality of the clinical care I give my patients; however, I am not a great administrator, and my records are not always as good as they might be. Does it really matter?
Yes, yes and yes again! If you are unfortunate enough to be sued by a patient, or you go before the GOC’s disciplinary committee, your records may well be the only thing between you and a lengthy period of enforced inactivity with no income. It is not only “bad” practitioners who run into trouble. It can happen to anyone, at any time, often through a series of unlikely chance events. You MUST keep proper, full records of what you have done for each and every patient and why.
Retirement: I am about to retire; what should I do about my insurance cover?
When a member retires he or she remains liable for his or her actions prior to retirement. When you retire you need to inform the AOP of your retirement. Provided your retirement is total – in other words you do not practice at all – then the AOP will provide you with “run-off” cove, currently free of charge. This cover will hold as long as the AOP has a policy for its members.
Optometric Advisers: I work as an optometric adviser for a PCT. Does my AOP insurance cover me for this work?
Yes.
