Vicarious liability insurance

An example of vicarious liability could be where a patient chooses to pursue a clinical negligence claim against the optometrist themselves or against the business that employed them - or indeed, as often happens, both the optometrist and the business.

It is also possible that an allegation of medical malpractice may be made against another member of staff such as a dispensing optician (DO), clinical assistant or receptionist, and again the patient may choose to proceed against the business - as lay members of staff will not usually have medical malpractice insurance the patient would realistically have to take the case against the business.

Yes, as long as all of the optometrist owners (this includes a sole proprietor, partners, shareholders and directors) of the business and all optometrists who are employed or engaged as locums are AOP members, your practice is covered under medical malpractice (clinical negligence) policy.

No, only the optometrist owners and optometrists working for you need to be members in order to benefit from the vicarious liability cover.

Yes, provided all optometrists are members, the vicarious liability covers claims against your business for the work of anyone on the practice team, include DOs and unqualified staff under supervision.

Yes, as long as the locum optometrists you engage in your business are also AOP members, your practice is covered for their work. It is a requirement of your GOC contract to ensure that all optometrists have current insurance.

Yes, as long as your business continues to meet the requirements outlined above, your business will be covered for this claim.

Yes, as long as all optometrist owners and current optometrist employees continue to maintain their AOP membership, the vicarious liability cover for the practice will remain in place. This will cover the claim relating to an act of a past employee even if the optometrist in question has subsequently stopped being an AOP member.

If none of the directors, shareholders or partners are optometrists, we offer Lay Practice Owner membership. This category of membership is available (at an annual fee) as long as all employed and engaged optometrists are AOP members and will ensure the business is covered for any incidents that may arise relating to the work of any of the employees or locums.

Should you cease being an AOP member, you will continue to have individual cover for any claims arising relating to your work while you were a member. Retroactive cover for your business/practice will be required from your new provider.