The relationship between a Doula and a client is special, creating a closeness and confidence that may not exist in a physician/patient relationship.
While this may reduce the likelihood of lawsuits, unfortunately no matter how competent and compassionate your services, you can still be sued by clients. This is why every Doula should protect their practice and personal assets with Professional Liability Insurance.
Why Doulas Need Professional Liability Insurance.
There are many good reasons why all Doulas should have professional liability insurance.
- You Practice in a Litigious Society.
It is unfortunate reality, but we live in a litigious society. Even the most skilled, caring Doula can find themselves involved in a lawsuit.
- You must protect your practice and your personal assets.
It does not matter whether the suit against you is frivolous or not, Professional Liability insurance will protect your practice and your personal assets. Your financial future could be endangered if a judgment is rendered against you and you don’t have the right insurance. Win or lose, the cost of litigation can be enormous.
Policy Highlights
Professional Liability – Errors & Omissions Insurance
Policy features include:
- Broad coverage to protect you as a Doula
- Duty to defend actual or alleged claims or lawsuits brought against you.
- Pays legal defense costs and compensatory damages, if you are found liable.
- Deductible does not apply to defense costs.
- Liability coverage available from $1,000,000 per claim.
- Claim made insurance policy.
Commercial General Liability (CGL) Insurance
This type of liability coverage is designed to protect you from claims that arise from your negligence that is not professional in nature. The policy covers you at your premises and extends to coverage you for bodily injury and/or property damage arising from your operations.
This policy is not available on a mono-line basis and therefore must purchased in conjunction with the Professional Liability insurance.
Policy features include:
- Liability coverage available from $1,000,000 per claim.
- coverage Includes:
- Coverage A: Bodily Injury and Property Damage Liability.
- Coverage B: Personal Injury and Advertising Injury Liability.
- Coverage C: Medical Payments
- Coverage D: Tenants Legal Liability
- Coverage extends beyond accidents occurring on your premise ie) clients homes and hospital visits are also covered
What is professional liability insurance?
Professional Liability Insurance covers the investigation and defence against any civil action (subject to policy terms, conditions and exclusions) brought against you including payment of all sums which you may be legally obligated to pay as a result of liability for injuries arising out of rendering or failure to render professional services as a Doula.
What is the difference between Professional Liability insurance and Commercial General Liability Insurance?
While the Professional Liability covers you for the rendering or failure to render professional services, Commercial General Liability is extended to cover claims for bodily injury, personal injury and property damage that may be caused to your client (or other third party) arising out of your premises or business operations. For example, the liability for clients falling and being injured on your premises or an injury those resultswhile you are attending a hospital or clients home.
What are Each Claim Limits and Aggregate Limits?
All liability insurance policies have an each claim limit and aggregate limit. The each claim limit is the limit a policy can pay out for any one claim situation. An aggregate limit is the total amount that a policy can pay for the duration of a policy period. (Most policies have a one year policy period. Therefore, with a one year policy period, the aggregate limit is the total amount a policy would pay out in that year the policy is in force).
For example, a policy with $1,000,000 limits (per claim and in the aggregate) has a claim that pays out $500,000 and in that same policy period a second claim is filed resulting in $500,000 paid out. In this example, the policy’s aggregate limit of $1,000,000 would be exhausted and no more coverage would exist under that policy, for the remainder of that policy period.
Can I increase my Limit of Liability as my business grows?
Yes, you may increase your Limit of Liability at any time during the term of the policy. In order to initiate the change you will need to sign an Increased Limits form and forward it to Aon. Upon receipt of the Declaration, your Limit of Liability will be increased and an additional premium charge will apply for this additional exposure
Can I decrease my Limit of Liability?
Decreasing your Limit of Liability should be exercised with caution. You may decrease your Limit of Liability at any time during the term of the policy; however, you need to understand that you are also decreasing the Limit of Liability for all of your Prior Acts as E&O policies are written on a “Claims-Made and Reported Basis” basis.
For example:
In 2010, you had a $2,000,000 Limit of Liability
In 2011, you reduce your limit to $1,000,000
In 2011, you are served with a claim in the amount of $2,000,000 (for an act committed in 2010)
Your available Limit of Liability is $1,000,000 (as the policy is written on a Claims-Made and Reported Basis basis)
What is the difference between an employee and Independent Contractor?
An Employee is someone that works exclusively for a Doula, Partnership or Corporation and are paid a salary/wage. If they are independent and working together this would not be considered an employee either. Sub-contractors would also be considered separate (independent contracts) if they are submitting invoices to the owner.
Are there Specific Services that cannot be provided under the Association of Ontario Doulas Program?
Most services provided by Doulas can be covered under the program. We urge you to contact us to discuss any other services that you may wish to insure that are unique to your Doula practice.
We are unable to provide coverage for the following services at this time.
Non-Covered Operations or Services:
- Services Rendered as a Midwife
- Rental or sale of birthing pools.
- Encapsulation and sale of placentas
- Belly Casting
- Hypnotherapy