Health contracts insurance for medical failures, but excludes cases due to covid

Health contracts insurance for medical failures, but excludes cases due to covid

The President of the Government, Pedro Sánchez (r), talks with the Minister of Health, Salvador Illa (i). (EFE)

The President of the Government, Pedro Sánchez (r), talks with the Minister of Health, Salvador Illa (i). (EFE)

The Directorate of the National Institute of Health Management has hired a property and civil liability insurance for your healthcare staff. The tender was announced in July and among the clauses they added that this agreement would not cover “claims related to the treatment or contagion of the coronavirus disease“. The contract was awarded this October to Berkshire Hathaway, a company owned by the American tycoon Warren Buffett, and has a duration of 24 months. The final price of the tender was 1.08 million euros, VAT included.The purchase is divided into two lots, the first is to ensure the staff and authorities of the Ingesa and the second is for the assurance of assisted human reproduction techniques. The first was closed with a price of 993.707 euros and the other with a value 86.409 euros. Both include the clause that excludes claims related to the treatment or contagion of the SARS-CoV-2.

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Alejandro MataSpecifically, this year it has closed four contracts with various administrations: the National Institute of Health Management and the health service of Murcia, Asturias and Aragón

Given this, legal sources point to El Confidencial, that it will be the Administration itself that will have to take charge of the compensation for damages to third parties, as well as the legal coverage of the doctors themselves in all cases related to covid-19.

Since Health They limit themselves to saying that the requirement of the patrimonial responsibility of the personnel of the public administrations is covered by article 36 of Law 40/2015, of October 1, of the Legal Regime of the Public Sector. But They did not want to answer why this clause has been included in the tender specifications.

Ingesa itself, the authorities and professionals at your serviceStatutory personnel who work in health centers and the National Dosimetry Center are also included.

Insurance covers liability “derived from damages or losses caused to third parties as a consequence of the professional exercise of Ingesa’s staff, “it also includes patrimonial liability,” when the claim of the injured party is channeled through the Patrimonial Liability of the Administration. “All this, according to the specifications, why neither the contract nor the contracted policy are published in the state contracting portal.

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Alejandro MataThe Government announced this purchase in July due to the risk of a possible rebound from October and expected that the first shipments of material would arrive in September

Likewise, it also includes the legal defense of the insured, even against unfounded claims, in any judicial proceeding, as well as fees and expenses of all kinds that are borne by the insured. Between the compensation limits, a maximum of 3 million euros per claim and a sub-limit of 1 million euros per victim or injured is established. The specifications specify that these limits include the corresponding compensation and expenses.

Aragon also added this clause

The Autonomous Community of Aragon also included this clause in the sheets, when contracting the patrimonial liability insurance for your health service. Autonomy also reached an agreement with Warren Buffett’s affiliate, in May, for 9 million euros.

Legal sources consulted by El Confidencial, point out that it is striking that in July after learning about the health disaster that began in March, this clause is included that excludes all damage caused by the virus. They believe that they have done this precisely, in order to take out insurance, because if they had not added this condition it would have been much more difficult to find an insurer. This contract does not cover the patrimonial liability of doctors on claims related to covid, but this does not mean that doctors are unprotected. What it means is that the Administration will have to defray the patrimonial damages to third parties related to the virus by other means, either via taxes or budgetsIn this sense, the same would happen with the legal representation of health workers.


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