Laws laid down by supreme court
INSURANCE COMPANY WHEN REFUSES TO INDEMNIFY NEGLIGENT DOCTOR
NO RELIEF TO DOCTOR IF INSURANCE DOES NOT INDEMNIFY HIM FOR HIS NEGLIGENCE
Honorable National Commission gives no relief to erring doctor who was found negligent while treating a patient and was slapped with an amount of Rs 2,67,750 as compensation by a Consumer forum in west Bengal holding that doctor is to comply with the terms of insurance and if not done so,insurance company is not defecient in services.
Doctor has
taken professional indemnity policy and has paid the premium .Clause 8.1 to 8.3
of the policy require following acts to be done by the insured doctor;
“The insured shall give written notice
to the company as soon as reasonably practicable of any claims made against the
insured and give all such additional information as the company may require.
Every claim ,writ,summons or process and all documents related to the events shall
be forwarded to the company. Further,company will have right but in no case
obligation to participate in the proceedings .Company shall not have any obligation
to make payment if insured settles the
claim on his own.”
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