CFP Brokers Medical Malpractice Scheme Policy for General Medical Professionals

Why choose the CFP Brokers Medical Malpractice for Medical Professionals?

  • The CFP Brokers Medical Malpractice for Medical Professionals is underwritten by iTOO™ Special Risks (Pty) Ltd for and on behalf of The Hollard Insurance Company Limited.
  • Outside of the Medical Protection Society, iTOO™ provides medical malpractice cover to the largest number of healthcare and medical practitioners in South Africa. iTOO™ is Hollard’s underwriting management agency, which focuses exclusively on specialist liability insurance.
  • The Hollard Insurance Company Ltd., an authorised financial services provider, is South Africa’s largest privately-owned insurance group. Hollard is a known and trusted brand with solid claims'-paying ability. Global Credit Rating Company (GCR) confirmed Hollard’s national scale financial strength rating of AA in March 2020.
  • As at 2020, CFP Brokers look after the medical malpractice insurance of over 10,000 healthcare practitioners which include scheme members and stand-alone policyholders. Using the information, we have at our disposal, the policy wording which applies to the CFP Brokers Medical Malpractice Scheme Policy has been carefully developed to cater for the ever-changing needs of practitioners for the last 10 years. We will continue to tailor-make the cover for your specific needs.
 
You have access to one of the widest medical malpractice insurance covers available in South Africa, at highly competitive premiums due to our negotiating power as a result of the number of members on our scheme policies.
 
  • The CFP Brokers Medical Malpractice for Medical Practitioners has many extensions of cover. One of such extensions, which set our cover apart, is that Legal assistance provided for ALL HPCSA / AHPCSA complaints against you, even where the complaint does not involve a possible claim of medical malpractice.
  • Many other insurance products, do NOT provide you with cover for legal assistance where there is an HPCSA / AHPCSA complaint against you, unless there is a potential for that same complaint to lead to a civil claim in court against you for professional negligence or medical malpractice. Our experience has been that this is in fact the greatest exposure to our medical malpractice scheme clients.
  • As an ITOO policyholder, you would have access to various legal services related to your business. You will have legal assistance 24 hours a day, 7 days a week on ITOO’s Legal Assist Hotline.

For Medical Practitioners & related professions

The CFP Brokers Medical Malpractice Scheme Policy has been tailored for members of the following professions:

  • Podiatrists
  • Speech-Language Therapists
  • Audiologists
  • Community Speech Language Therapists
  • Occupational Therapists
  • Hearing-aid Acousticians
  • Speech Correctionists,
  • Phytotherapists, and
  • Dieticians
  • Students and interns of the aforementioned professions)
If you already have a Malpractice account and/or have received a renewal reminder
Login to your Account
If you want to Register a new account and take up this offer for the first time
Register a NEW Account

About this Policy Scheme

The Policy Schedule provides a summary of the cover under this policy, but it also includes additional terms and conditions of cover in the endorsements.

Please read the Master Policy together with all the endorsements on the Policy Schedule carefully and contact CFP Brokers if anything in these documents is unclear or requires further explanation

Main Sections of Cover:
  • Professional indemnity insurance - This is cover for claims arising out of your negligence or alleged negligence in the rendering of professional services which has caused a financial loss to a Third Party.
  • Medical malpractice indemnity insurance - This is a specialised form of professional indemnity and covers you for death or injury suffered by one of your patients as a result of your alleged negligence in the rendering of healthcare-related services. The trigger for the policy is an allegation that your negligent action or omission has resulted in a patient suffering loss, harm, death or injury. Our bespoke wording has extended the definition of medical malpractice to include cover for failure to diagnose, misdiagnosis and delayed diagnosis.
  • Public Liability Insurance (Optional) - Provides cover for your liability to members of the public arising out of the conduct of your business/profession. Please note that in order for the policy to respond there needs to be some kind of allegation of negligence against you which has resulted in harm to a member of the public or their property and you need to be legally liable to that person. Some examples of where you would be covered under the public liability section of your policy:
    • you have a faulty hand-rail on stairs at your premises which you are aware of. A client falls down the stairs because the hand-rail comes loose and subsequently sues you for hospital expenses incurred and further damages, or
    • the gate to your business closes on a client’s car causing damage. They allege that it was your fault because you did not ensure that you had sensors fitted to the gate and the gate closed before they had the opportunity to pass through it safely.
  • Product Liability Insurance including defective workmanship (Optional) - Cover for claims which are alleged to have been caused by a product, defective packaging and/or labelling. If you sell a product or supply a product to a client and they allege that the product was defective and has injured them or damaged their property, this would constitute a products’ liability type claim.
  • Defence Costs
Limit of Indemnity
  • The main limit of indemnity is provided on an aggregate basis with one automatic reinstatement of cover. An aggregate limit means that you would have one exhaustible limit of cover for the period of insurance, which needs to be shared by all claims arising during that period of insurance. When you have an automatic reinstatement it means that, if your original limit is reduced by a claim, then Insurers will “reinstate” the limit back to the original amount. You will still be limited to your original limit per claim, i.e. you cannot add the reinstatement to the original limit to cover a claim which exceeds your original limit. Reinstatements are therefore only useful if you have multiple claims against you during the same period of insurance. The Reinstatement is NOT applicable to Students and Interns)
  • All legal costs and expenses, damages, settlement awards, VAT and interest payments for all claims arising during the policy period will reduce the limit that you are covered for, for the balance of the insurance period. Although you can generally increase your limit at any time during the policy period, if you notify insurers of potential claims or if you have any claims during the period, it is unlikely that insurers will be willing to offer you terms to increase your limit of cover. Even if they do agree to allow you to increase your limit of cover, the limit of cover that you had in place prior to requesting the increase will apply to all claims arising out of incidents which you are aware of at the time that you request the increased limit.
  • The limit of indemnity is inclusive of VAT. If you are a VAT vendor, you need to ensure that the limit of indemnity chosen can cover your VAT liability in the event of a claim.
 
The main deductible/excess
  • Once you log in and apply for cover you will be advised of the specific excess requirements that would apply to your cover if you decide to accept the terms offered.
  • The excess applies to costs and expenses which means that this is the amount you would be required to contribute toward any claim made under the policy.
  • You will need to pay an excess if Insurers have had to incur legal costs and expenses in the investigation and defence of a claim against you, regardless of whether you successfully defend the claim or not.
 
Extensions of Cover:
  • Statutory Defence Costs
  • Wrongful Arrest
  • Employers Liability (Optional)
  • Indemnity to Others
  • Cross Liabilities
  • Defamation
  • Breach of Confidentiality
  • HPCSA Costs / Other Statutory Body Costs
  • Court / Inquiry Attendance Costs
  • Cover for Medico-legal Work
  • Business Identity Theft
  • Overseas cover for 60 consecutive days
  • Death Cover Benefit (your cover will not lapse leaving your estate at risk)
  • Legal Assist 24 Hour Hotline
  Various additional cover has also been included such as cover for Good Samaritan Acts, failure to diagnose a condition, delayed diagnosis or any misdiagnosis of a condition.  
Special terms, conditions, endorsements and exclusions:
The policy document will be provided to you when you login to our system. It is your responsibility to ensure that you read and understand all the policy terms, conditions and exclusions and if you do not that you contact us, in writing, for clarification/explanations. We welcome your questions.
Retain your full entitlement to retroactive [backdated] cover.
  • You NO LONGER need to be a member of ProfNet. If you have been a member of Profnet until 31 December you will retain your retroactive cover if you renew your cover through CFP Brokers prior to 1 January 2021.
  • Many insurance providers do not offer you retroactive [backdated] or offer you limited cover. Retroactive cover is there to protect you if you have a claim or complaint which arises out of services you rendered in the past. If you have no retroactive cover, then you will have no cover for any claim or complaint which arises out of services which you rendered in the past.
  • If you move your cover to another insurer, you could end up forfeiting retroactive cover that you are currently entitled to under the ProfNet policy. The longer you have been a paid-up member of ProfNet with continuous cover in place under the ProfNet policy, the longer the period of retroactive cover that you would be entitled to under the ProfNet policy. Some insurers may offer you up to 3 years' retroactive cover at no cost. Please be very wary if they tell you that 3 years' retroactive cover is enough. It is certainly NOT! Remember that a person has 3 years to sue you from the date that they become aware that they have suffered harm. This does not mean 3 years from the date that you rendered the service! Sometimes it could take months or even years for it to become evident to a person that they have suffered a loss. You also need to bear in mind, that prescription of a minor's claim does not occur until 1 year after they reach the age of majority (or 3 years after they suffered the loss depending on which period affords them the longer period of time to sue you).
Run-Off Cover
  • If you have been an Insured member of one of the medical malpractice schemes which are administered by CFP Brokers as at 31 December you will retain your retroactive cover if you renew your cover prior to 31 March the following year.
  • Many insurance providers do not offer you retroactive [backdated] or offer you limited cover. The retroactive cover is there to protect you if you have a claim or complaint which arises out of services you rendered in the past. If you have no retroactive cover, then you will have no cover for any claim or complaint which arises out of services which you rendered in the past.
  • The longer you have continuous cover in place under a claims’ made policy, the longer the period of retroactive cover that you would be entitled to under the CFP Brokers Medical Malpractice Scheme Policy. If you are moving from another claims’ made policy, you will need to send us a copy of your expiring policy document in order for us to ensure that you receive the retroactive cover you may be entitled to.
  • Some insurers may offer you up to 3 years’ retroactive cover at no cost. Please be very wary if they tell you that 3 years’ retroactive cover is enough. It is certainly NOT! Remember that a person has 3 years to sue you from the date that they become aware that they have suffered harm. This does not mean 3 years from the date that you rendered the service! Sometimes it could take months or even years for it to become evident to a person that they have suffered a loss. You also need to bear in mind, that prescription of a minor’s claim does not occur until 1 year after they reach the age of majority (or 3 years after they suffered the loss depending on which period affords them the longer period of time to sue you).
 

Frequently Asked Questions

Click on a heading to see the FAQs for that topic

About the policy

In order to answer this question properly, we need to look at various clauses in your medical malpractice policy wording.   Please have a copy of the policy wording document and the master policy schedule to refer to while you read this response.

  • Cover is Provided “Within Territorial Limits”
    • You will not be covered for any claims arising out of services rendered in North America or any territory that applies their laws and neither will you be covered if someone tries to enforce a judgement that they have obtained against you in North America or any territory that applies their laws or falls within their jurisdiction.
    • Please read the Definitions of “Territorial Limits” and “North America” in your policy wording document.
  • Cover is Limited to 60 Consecutive Days for Temporary Visits
    • Please note that the cover that you enjoy for rendering services overseas is NOT for an indefinite period and is subject to certain restrictions.  We urge you to read the relevant endorsement found in the Master Policy Schedule.
    • This means that you will only be covered for services rendered overseas, so long as the services rendered overseas cover a period of less 60 consecutive days.
    • That it is not the intention of the policy to cover you if you emigrate overseas. You should not then leave this cover in place for the first year that you are overseas as a cheaper option.
    • The intention behind your Society/Association agreeing to this cover and our negotiating with your insurers to include cover- was to accommodate those people who are local members who may from time to time render services overseas, whilst they are visiting.
    • The premiums for this cover are based on South African exposure and handling claims in overseas’ jurisdictions will immediately see a sharp spike in the costs of handling that claim which would impact on all the local members and potentially the affordability of the premium for everyone.
    • It is therefore essential that if you will be emigrating to another country or rendering services in a country for longer than one year that you arrange cover there.

So you are covered overseas, always subject to all the other terms and conditions of the policy being met, and so long as you are rendering services which fall within your scope of practice- i.e. you will not be covered if you go overseas and start rendering services as a book-keeper or any other profession not covered under your Association/Society’s policy.

If you render services overseas from time to time, we would recommend that you take one of the higher limits of indemnity available as the lower limits could leave you under insured.  You need to maintain your cover at the higher limit not only when you render the services but for some years thereafter until the any potential claimants claim prescribes.

We hope that you found this response useful. Please feel free to write to us if you have any other questions regarding your cover at info@cfpbrokers.co.za.

 

Please note that in the list below we are providing information in respect of some of the exclusions of cover.  We urge you to carefully read the policy schedule and policy wording document which provides full details of all of the exclusions of cover.  A more comprehensive response is found in our document entitled “What is not covered under the CFP Broker’s policy”.

  1. We need to remember that the CFP Broker’s policy is a legal liability policy intended to compensate third parties for losses they allege that you have caused them to suffer. It is therefore not going to cover you for losses you might suffer (aside from your legal defence costs). So, for example the policy is not going to assist you to take legal action against a person who you feel is defaming you.
  2. Claims/complaints arising out of services rendered which fall outside your scope of practice, unless such services fall under the Good Samaritan clause where you rendered services at the scene of an emergency.
  3. Claims/Complaints arising out of services rendered prior to your retroactive cover date.
  4. Claims/Complaints which have not been timeously reported to CFP Brokers / your Insurers.
  5. Legal assistance for medical aid audits. However, you still need to notify us as soon as you become aware of a medical aid wanting to audit your practice or questioning your billing procedures. The reason for this is because if you are subsequently reported to the A/HPCSA, then the policy does respond (subject to terms and conditions) to assist you with legal defence costs.
  6. The policy does not provide cover for fines, penalties, punitive, vindictive or exemplary damages imposed on you or awarded against you.
  7. The policy responds to cover your legal liability to compensate someone. Insurers will not pay every person who might injure themselves falling at your practice or who otherwise claims payment from you on some or other basis. Legal liability on your part has to be established before the policy will pay a third-party compensation. Your legal defence costs will be covered while your legal liability is being established or defended.
  8. If it is alleged that you have overcharged a patient, the policy is not going to refund you any amounts you pay to that patient or that you agree to pay in a medical aid audit.
  9. There is no cover for any allegations of sexual misconduct in the course and scope of your practice. However, if you are subsequently found not guilty or liable, then the policy will refund you your defence costs. For this reason- you should please notify us of any allegations against you or your employee of sexual misconduct.
  10. Claims/Complaints arising out of services rendered when you were under the influence of drugs or alcohol.
  11. Claims or complaints which you were aware of in a previous policy period but failed to notify us of at the time. Although please be aware that you do have a 30-day period after the end of the policy period (31 December) to notify us of any potential claims or complaints that you became aware of prior to 31 December.
  12. Claims for cyber-liability, employment practices’ liability, directors’ and officers’ liability and commercial crime.
  13. Losses that you suffer as the result of your own employees stealing from you.
  14. If you enjoy cover under the public and products’ liability section of the policy, then you will not be covered for:
    1. Claims arising out of the failure of a Product, or any part thereof, to fulfil the purpose for which it was intended, or to perform as specified, warranted, or guaranteed; but this Exception shall not apply to consequent bodily injury or loss of, or damage to, property; or
    2. Claims arising out of recalling, removing, repairing, replacing, reinstating, or the cost of, or reduction in value of, any Product, if such liability arises from any defect therein or the harmful nature or unsuitability thereof.
  15. Claims for damage to property owned, leased or hired or under hire purchase or on loan to the Insured or otherwise in the Insured’s care custody or control other than:
    1. premises (or the contents thereof) temporarily occupied by the Insured for work therein, or other property temporarily in the Insured’s possession for work thereon (but no indemnity is granted for damage to that part of the property on which the Insured is working and which arises out of such work);
    2. employees’ and visitors’ clothing and personal effects;
    3. premises tenanted by the Insured, but only to the extent that the Insured would be held liable in the absence of any specific agreement;
  16. For claims or complaints arising out of any dishonest, criminal or malicious act or omission, or any act or omission in violation of any law or ordinance, committed by or on behalf of the
    Insured, save where such criminal or illegal conduct is negligent and not reckless or intentional.
  17. For claims or complaints arising out of any loss, damage, cost or expense directly or indirectly arising out of, contributed to by, or resulting from any infectious epidemic/pandemic.

General FAQs

For a more comprehensive response to this question, please refer to our document entitled, “How much cover is enough?”

Unfortunately, liability insurance is not like car insurance. If you insure your car, you know at the outset what the value of the car is. The amount of a potential liability claim cannot be determined before you
decide on the limit of cover, because of the unpredictable nature of liability claims.  Given the unpredictability of liability claims, no-one, not even your insurance broker, can confidently assure you that any limit of cover you select is going to be enough for any claim that you might face.

If your proven negligence in rendering professional services leads to your patient’s permanent disability, the claim against you, and legal costs if you defend the matter and lose, will very likely exceed the maximum limit of cover offered under the CFP Broker’s medical malpractice insurance policy of R10 million.

If you want to base your cover requirements on factors other than the possibility of a worst-case scenario, please see our guidelines below, on other factors that you should consider when determining what limit of cover is adequate for you and/or your practice.  You should consider taking a limit of R10 million or a higher limit, if you:

  1. Treat minors, high net-worth individuals, sports’ personalities, other celebrities, foreigners or people who you know will soon be emigrating.
  2. Provide healthcare services of a nature where allegations of your negligence, could result in claims for death, hypoxic brain injuries, permanent disability or loss of amenities of life.
  3. Will be permanently ceasing to practice in South Africa in the next year or so, whether through emigration or retirement.
  4. Are a practice owner with exposure to public liability and vicarious liability claims.
  5. Supply products to your patients and are exposed to products’ liability claims.

All of you (unless you are a student or an intern) have the option of increasing your cover option either through your Association/Society/Membership company, or by contacting CFP Brokers, to R10 million.

This will be subject to payment for the higher limit of cover.

If you would like a higher limit of cover than R10 million, then you would need to contact CFP Brokers for a quote. In order to provide you with quotes for higher limits, you would be required to complete a

proposal form with information required by the underwriter, to determine your risk and what premium would apply. Depending on your claims’-history (this includes complaints against you to your regulatory body), insurers may not be willing to provide you with quotes for a higher limit of cover.

We can look at our claims’ statistics for the policies for healthcare practitioners that we look after (over 8,000). To date, the highest claim that we have seen was for around R8 million, but we believe that

claim to be inflated and without legal merit. If we have a look at averages, the average claim that we see falls way below R1 million.

Unfortunately, as a financial investment advisor would tell you, the past track record does not guarantee future performance- or in the case of liability- just because most of the claims that we see

currently do not exceed R1 million- this does not mean that none of you could experience a claim for a much higher amount.

In insurance- we talk about frequency and severity. We see high frequency of low severity claims against our practitioners and a low frequency of high severity claims. The bulk of the matters we deal

with are not for medical malpractice claims, they arise out of complaints to your regulatory bodies, very often where there has been no harm to a patient at all! So, for example, we see multiple

complaints regarding billing.

Each of you needs to make your own decision with regard to what limit of cover meets your requirements, weighing up many factors, including the cost of your cover If your only consideration when determining what an adequate limit of cover would be for you, is that you could cause your patient to suffer permanent disability, then our advice is buy the highest limit of cover that you can afford, with the highest excess (self-payment amount) that you can carry.

There are some that argue though, that when plaintiff attorneys become aware that you have a high limit of cover in place under your insurance, this can lead to higher claims. The plaintiff’s attorney and

their client’s decision to accept any proposed settlement offer, may be heavily influenced by the limit of cover that you have in place, and how close that settlement amount is to the limit you have in place.

It has come to our attention that some have misunderstood the intention of the 31 March Grace Period provided under your medical malpractice policy.

The Grace Period will only apply if you renew your medical malpractice cover through CFP Brokers and thereby have cover again from 1 January.

The Grace Period does NOT extend the policy period in any way which means that if you move your cover to another policy after 31 December you would end up having a gap in cover and lose all your retroactive [backdated] cover.

 

Please notify CFP Brokers as we will need to provide you with comprehensive advice and we would need to place your policy on Run-Off cover at the appropriate time.

The short answer is that you must maintain your membership with your Association/Society and your CFP Brokers medical malpractice cover until 31 December in the year that you stopped practicing but there is a lot more that you need to know.  If you work just one day in a year, you will need to keep the cover until 31 December of that same year.

We urge you to download and read our document entitled “Incident-reporting and claims’ handling procedures” document for our comprehensive advice.  The short answer is that you need to notify any situation which might give rise to a claim in the future as soon as you become aware of it. We have seen claims rejected for two main reasons, namely:

  1. Failure by the Insured to timeously report incidents which could lead to possible claims or complaints that they were aware of or ought reasonably to have been aware of.
  2. Failure to comply with policy conditions such as the requirement of signed informed consent.

Do not wait for formal legal action to be taken against you or to receive an official notification from your regulatory body (HPCSA/AHPCSA/SANC), that a complaint has been lodged against you before you notify our insurers of a claim. You should not delay notifying us of a potential claim/complaint against you.  If someone is making allegations or complain please contact CFP Brokers as a matter of urgency.

We urge you to download and read our “Notes on the nature of claims’ made cover” for our comprehensive advice.

Due to the nature of claims’ made cover (which is the basis of your cover), you will need to have cover in place:

  1. At the time that you render the services which give rise to the claim; and
  2. At the time that you first become aware of the circumstances or incident which could give rise to a claim and notify it through to us in writing; and
  3. Between a. and b. above, i.e. cover should be continuous and there should be no ‘gaps’ in your cover.

In short, the policy that you have in place on the day a claim is made against you or when you become aware of an incident or circumstance which could give rise to a claim or complaint against you – and report it to the insure – (whichever occurs first) is the policy that will apply to cover the claim, regardless of when the services were rendered which have given rise to the claim or potential claim (as long as the services were rendered after the retroactive date).

If you do not renew a claims’-made policy or place the policy on run-off and a claim arises after the expiry date, you will have no entitlement to cover under the policy, unless you notified your insurers in writing of the potential claim prior to your policy lapsing and they accepted that notification and registered it against your policy. This applies even where you had cover at the time the work was undertaken.

For many years (all 18 years that I have been the broker for various Associations/Societies), we have not experienced any problems with our Associations/Societies, collecting membership fees from their members and then paying across the premium due in respect of medical malpractice insurance cover for those members under the CFP Brokers Medical Malpractice Scheme Policy. This arrangement has always been supported by the underwriters and insurers that we have placed the cover with.

It has always been the case that only a licenced financial services provider could perform intermediary services, which includes the collection of premiums. We sought advice from our own compliance officer with regard to whether or not our associations collecting membership fees and then paying for cover for their members would be seen to be a contravention of this requirement and our compliance officer advised that it would not be (and they in turn had confirmed this with their own legal advisor who is familiar with the FSCA/FAIS/regulatory requirements).  Our compliance officer’s opinion on this matter was supported by the Head of Legal at Hollard. He indicated that as far as Hollard were concerned our Association/Society clients were in no way collecting premiums, they were collecting membership fees and paying across a premium on their members’ behalf, which as a joint-insured, Hollard indicated, the Associations/Societies were entitled to do.

CFP Brokers has been advised that the Financial Sector Conduct Authority (The FSCA) does not accept the payment arrangements that we have had in place in the past decade or more, with regard to our members’ medical malpractice insurance. In order to ensure that your Association/Society is not exposed to regulatory sanction and potential fines from the FSCA (which can be up to R10 million), your Association/Society will no longer be able to pay for this cover on our members’ behalf. You can continue to take out the CFP Brokers Medical Malpractice Scheme cover which you have previously had as part of your membership benefits with your Association/Society but you will be invoiced for your medical malpractice cover directly by CFP Brokers, who are authorised financial services providers, should you elect to continue your cover with us.

We confirm that all current paid-up members of our various Association/Society clients who qualify for the cover, under our CFP Brokers Medical Malpractice policy, are currently covered and will continue to enjoy cover under our policy until 31 December 2020 (subject to remaining a paid-up members of their Associations/Societies in good-standing until 31 December 2020).

Going forward, CFP Brokers will continue to offer paid-up members of the various Associations/Societies discounted premiums for their medical malpractice insurance cover.

 

It needs to be understood- that under the policy- the insurer is expected to defend you against allegations of negligence, etc. If there is no evidence to support your defence – then you have effectively taken rights away from insurers and created an obligation on them to simply pay what is being claimed. You would have compromised your own defence- and accordingly tied insurer’s or your own hands behind your back.  How do you mount a successful defence without evidence?   For this reason, underwriters have made it a condition of your cover that you obtain informed consent from your patients, in writing, prior to screening, treatment or the provision of services or products. It would probably be prudent to get patients to sign forms at least annually and if a new condition is being treated then again for the new condition.

Very often, claims may be made years after treatment has been provided and the only possible chance of successfully defending those claims, depends on the records you have made and retained

While a properly signed informed consent form is vital in terms of compliance with policy conditions, it is not the end of the inquiry into informed consent from a legal point of view.   Unfortunately, the Law is interested in the proof and not necessarily the Truth.  It is therefore vital that you take thorough notes throughout treatment and consider noting consent in the treatment notes in addition to the consent form signed by patients.  An alleged truth is of little value without proof when it comes to claims, written informed consent is the best / only way to prove that informed consent was indeed obtained.

Not only would you find yourself without cover under the policy if you did not obtain written informed consent but legal fees (which you would now have to pay for) and risk logically increase with a more complicated defense.  There is always risk involved in litigation and a lack of proper informed consent pertaining to the specific treatment increases the risk of an adverse judgment significantly.

Please note that in the event that you notify CFP Brokers of an actual, or potential claim or Regulatory Body Complaint (HPCSA/AHPCSA/SANC) complaint against you, your insurers (iTOO Special Risks (Pty) Ltd for and on behalf of Hollard) will in most cases reject the claim and decline to assist you in instances where you have not obtained written consent forms from your patients and/or their parents/guardians.

One needs to shift the paradigm of informed consent from an initial administrative issue to a vital consideration throughout treatment.  When the risks associated with a specific treatment change materially, the informed consent must be revised and reconsidered.

An insurance policy is a contract.  Both parties have rights and responsibilities.  We therefore urge you to read the various conditions of cover which are found in the Endorsement section of the policy schedule and Conditions section of the policy wording document.  Feel free to contact us if you have any questions about the conditions of your cover.


Security & Access

  1. If you are on the website page for your specific Medical Malpractice Scheme, please click on the green “Login to your Account” button.
    OR
    Click here to go directly to the online Medical Malpractice System
    The Login screen “Medical Malpractice Insurance for Healthcare Professionals” will open in a new browser Window/Tab.
  2. Log in to the System by typing in your Email address and Password into the fields on the screen.
  3. Click the “Sign in” button. (Tip: If your computer auto-populates your email address you must check that there are no extra spaces in front or behind the address otherwise you will receive an error message).

If you have forgotten your password, please follow these steps:

  1. Navigate to the Login screen “Medical Malpractice Insurance for Healthcare Professionals“.
  2. Click on the “Lost Your Password” link on the Login screen.
  3. Enter your email address in the Email field and click on the “Request” button. We will send you an email with an important link which will allow you to create a new password. Please check your Junk or Spam folders in case the email is routed there.
  4. Click on the link inside the email and follow the on-screen prompts to create a new password for your account. Once you have created your new password successfully, the Login screen will appear
  5. Enter your email address and your new password in the fields on the Login screen.
  6. Click the “Sign In” button to access the System.

 

If you have forgotten your password, please follow these steps:

  1. Click on this link to navigate to the Login screen of the Medical Malpractice Insurance for Healthcare Professionals.
  2. Click on the “Lost Your Password” link on the Login screen.
  3. Enter your email address in the Email field and click on the “Request” button. We will send you an email with an important link which will allow you to create a new password. Please check your Junk or Spam folders in case the email is routed there.
  4. Click on the link inside the email and follow the on-screen prompts to create a new password for your account. Once you have created your new password successfully, the Login screen will appear
  5. Enter your email address and your new password in the fields on the Login screen.
  6. Click the “Sign In” button to access the System.

 

If you are trying to create a new profile and you have had cover with CFP Brokers previously, we will already have your details and you will already have a profile on the MMOnline system.

  1. Click on the green button which reads “Login to your Account” which is found on the right-hand side of the page, towards the top, in the same block as the CFP Broker’s logo.
  2. Since you already have a profile with us (as you have cover for 2020), you will need to reset the system generated password by clicking onLost your Password”.  Fill in your email address and click on Request. If your computer auto populates your email address please ensure that there is no space behind the email address otherwise you will receive an error message.
  3. Our system will send an email to the address you provided.  Please follow the prompts in this email to reset your password.  Passwords need to be at least 10 characters long including upper-case and lower-case letters as well as numbers.
  4. Once you reset your password then go back and click on the green button which reads “Login to your Account”.  Your email address is your username and insert your newly generated password.

For security reasons you will only have 3 opportunites to insert the correct username and password before being blocked for 4 days.

If our system does not accept your email address, we might have a different email address on our system for you and you will need to contact us to have your email address/username changed.


Payments & Processing

Our MMOnline system does not include a payment portal so you can pay the once off annual premium by means of an EFT using your own banking app or internet banking.

To enable us to ensure that your Insurer receives timeous payment of premium, please:

  1. Use the bank account details and the beneficiary reference reflected on your invoice which would have been sent to you via email.  You can download your invoice directly from our MMOnline System once you have logged in.
  2. Please use the unique deposit reference found on the invoice.  If you do not use our unique deposit reference your payment may not be allocated correctly and your cover could be compromised as a result. Do NOT add any additional characters or spaces in our unique beneficiary reference as our system will not be able to allocate your payment if you do so.
  3. Please do NOT send us copies of the proof of payment as you make payment as this only serves to swamp our email addresses and our system should allocate your payment automatically.
  4. Note that cover is only in force once payment has been received.

If you pay for your cover and you do NOT receive an automated email confirming receipt of your payment within a week or two of making payment, please send a copy of your proof of payment to Lauren at lauren@cfpbrokers.co.za . Please remember to check in your Junk Folder before you contact us.

Please add “Proof of Payment” and your name in the subject line of your email in order for us to prioritise your email.

Please note the following:

  • The Premium amount quoted on the Invoice is an annual premium payment amount and includes VAT.
  • If you are:
    • Renewing your Medical Malpractice for the 2021 period of insurance the Invoice will only be valid until 31 March 2021.
    • Taking out Medical Malpractice Insurance for the first time, your invoice will only be valid for 14 days and will automatically be deleted from the system thereafter.
  • Insurance Cover will only be in place once payment has been made.

Once your payment is verified (automatically by the MMOnline System if you have used the correct beneficiary reference or manually if the beneficiary is incorrect) you will be able to download your proof of insurance letter and the policy documents.

 

Depending on the bank you bank with it can take a day or so before the payment clears.  In addition, payments do not go into our bank account but go into a Fulcrum / Hollard account so it takes a couple of days before we are notified of a payment.  A file then gets sent to our system and payments are automatically allocated.  The entire process can take between 4 and 7 days depending on whether a payment fell over a Friday or weekends.

In the event that you do NOT receive an automated email from us acknowledging your payment, please send us a copy of the proof of payment.  It would assist us if you state “POP – Manual Allocation Required” in the subject line of your email.

If you are requiring urgent confirmation of insurance, and you cannot wait for a week, you are welcome to send us a copy of the proof of payment in order for us to manually allocate the payment.  It would assist us if you state “POP – Manual Allocation Required” in the subject line of your email.


Download your documents

Log in to the online Medical Malpractice System:

      1. If you are on your the web page for your Malpractice Scheme, please scroll down and click on the green “Login to your Account” button.
        OR
        You can navigate directly to the Medical Malpractice Online Login Screen, by clicking here.
      2. Log in to the System by filling in your Username and Password and clicking on the “Sign in” button. (Tip: If your computer auto-populates your email address you must check that there are no extra spaces in front or behind the address otherwise you will receive an error message).

If you have forgotten your password, you will need to follow the steps below:

      • Click on “Lost Your Password”. Use your email address as the username. Follow the prompts on the screen.
      • You will be sent an email with a link which will allow you to generate a new password. Check your Junk or Spam folders in case the email is routed there.
      • Once you have generated your new password you will be taken back to the Login Screen where you can immediately log in with your new password.

Downloading your Invoice

  1. Before downloading your proof of insurance letter, you need to ensure that your personal details are correct if there have been changes since the time you applied for or renewed your cover otherwise incorrect information will be carried across.  It’s extremely important that you provide us with all of the information requested as inaccurate or incomplete information can compromise your cover.
  2. Under your name there will be 2 buttons, please click ‘Edit’ and amend your personal information – please note this is a very important step and we will not be able to issue you with an accurate proof of insurance without this information.
  3. Now click on Account Information which is the third menu option below your name. You will now see your Insurance History and Billing History in the middle of the page.
  4. Download your invoice by selecting the appropriate PDF Icon.

After downloading your Invoice

You will find the banking details at the bottom of the invoice.

  1. Please be sure to use the unique beneficiary reference when making payment otherwise your payment will not be allocated correctly and your cover could be compromised as a result.
  2. Please do NOT add any additional information to the unique reference.

Please feel free to contact us if you have any questions.

The policy schedule and policy wording document is available to you once you have logged into your profile.

Log in to the Medical Malpractice Insurance for Healthcare Professionals System:

  1. If you are on your the web page for your Malpractice Scheme, please scroll down and click on the green “Login to your Account” button.
    OR
    You can navigate directly to the Medical Malpractice Online Login Screen, by clicking here  The Login screen will open in a new Window/Tab.
  2. Log in to the System by filling in your Username and Password and clicking on the “Sign in” button. (Tip: If your computer auto-populates your email address you must check that there are no extra spaces in front or behind the address otherwise you will receive an error message).

If you have forgotten your password, please click here to follow these steps to create a new password. (Instructions will open in a new Window/Tab).

Downloading your Policy Schedule and Policy Wording documents

After you have logged in successfully to your account you will see your “Profile Overview” page which will display a column section called “Account Status“.  Look down the list for the following:

    • Current Scheme – To download the policy schedule click on the icon button to the right of the words and follow the prompts to save the document to your system.
    • Master Policy – To download the policy wording document which applies to your cover click on the icon button to the right of the words and follow the prompts to save the document to your system.

We urge you to read your policy documents carefully and to contact us if you have any questions about your cover.

  1. Go to https://cover4profs.co.za/malprac/
  2. Then select the appropriate logo for the cover you enjoy.
  1. Then “Login To Your Account.
  2. If you have forgotten your password, you will need to follow the steps below:
    1. Click on “Login to your Account” and then click on “Lost Your Password”.  Your username is your email address. If your computer auto-populates your email address, please ensure that there is no extra space behind your email address.
    2. You will receive an email which will enable you to generate a password.  Please check your Junk Mail Folder if you can’t find the email
    3. Once you have generated your new password you can go back to https://cover4profs.co.za/malprac/ . Then select the appropriate logo for the cover you enjoy.
    4. and “Login to your Account”.
  1. Now click on Account Information which is the third menu option below your profile details.
  2. You will now see your Insurance History and Billing History in the middle of the page.
  3. The maroon proof of insurance PDF icon will only be available once our system has automatically allocated your payment.
  4. Download your proof of insurance letter by selecting the PDF Icon.