Medical Malpractice & Public Liability Insurance – Key Facts and Considerations

Medical Malpractice covers any bodily injury, mental injury, illness, disease or death of any patient caused by any negligent act, error or omission committed by the Member in or about the conduct or their services.  Whereas, Public Liability covers any bodily injury, mental injury, illness, disease or death of or to any person, or loss of, or damage to, tangible property of any person in connection with the Members’ professional duties including the provision of food and drink.

It is imperative that healthcare professionals including Sports Therapists are covered for both of the above elements. (See below – Check the Small Print – Are You Covered)

The insurance provided by The SST has been specifically designed to meet Members’ needs. As such, the medical malpractice insurance protects Members against negligent claims made by a patient (client) and the coverage focuses on the alleged failure to perform in the service that the Member provides.

In the event of any claim being made, the standard of care would be measured against that of the Member’s peers. This means that, if a Member of The SST was confronted with the same circumstances and acted in the same way as other Members, then the Member in question would not be found to be negligent. This is a definition that is known as the “Bolam Principle” and it was first outlined in a legal case between Bolam versus Friern Hospital Management Committee in 1957. The standard of care that is commonly applied determines the “standard of care”. Consequently, if any claim was made against a Member of The SST, it is other Members of the organisation who would be asked to determine whether the actions of that particular Member were correct and the same as they themselves would do in similar circumstances. It is also an extremely important and relevant feature to the insurance provided by The SST for its Members.

The Society insurance is a Claims Made policy which provides cover for claims which are made and notified to The SST during the period of insurance (1st July 2025 – 30th June 2026). There is, however, a retroactive feature which means that if a Member joins The SST they will be accepted retroactively from their previous expiring Claims Made policy. For Members of The SST this relates to each previous year of cover. For other Members transferring to the Society this would then relate to insurance cover that they may have had previously.

Whilst the Medical Malpractice and Public Liability insurance provided by the Society covers Members globally, the only places in the world the Society cannot insure its Members to practice is North America and Canada. Members can reside and practise abroad on the understanding that, in the event of a claim being made against them, the jurisdiction of England and Wales would apply. The exceptions to this are Ireland, Europe and New Zealand. In the first two instances (Ireland and Europe), with the payment of an additional premium, Members practising in these areas do so in the knowledge that any claim made against them would be heard in the country in which they reside and practise. Similarly, the same principle is applied in New Zealand and is a new feature that only applies from 1st July 2013. Administratively, Members must notify the Society if they plan to travel and/or live and work in a specific country so that the correct and appropriate advice can be given to them prior to their departure. Furthermore, Members do not have to return to the UK after a specific period of time. They can remain in the other country, for which they have insurance, for as long as they want/need.

1) Any notification of a potential claim for malpractice or alleged malpractice should be notified to The Society of Sports Therapists as soon as practical.

2) Members should also inform the Society of any conduct or circumstance which is likely to give rise to a claim being made against them, at the earliest opportunity. This notification should be made in the knowledge that the Society and its officers and staff, are not there to judge but to provide assistance and advice. They also have a responsibility to notify the insurers as soon as possible so that appropriate guidance and help can be given to that Member.

3) It is also imperative that no liability is admitted by any Member nor any arrangement, offer, promise or payment made without the written consent of the insurance underwriters.

The Medical Malpractice and Public Liability insurance covers Members for all aspects of sport and exercise therapy for which they have received appropriate training and assessment. It covers the breadth of the scope of practice of a Sports Therapist for any actions that would be assessed and judged by the Members’ peers, as detailed and explained in ‘Standard of Care’ above. This is an extremely important feature and not restrictive. It also takes away any confusion with regard to what the Member can and cannot do.

The policy provided by The SST will continue to provide cover free of charge, after the Member retires. This is also a significantly important feature, especially as there is a 6-7 year statute of limitations on potential claims. This means that a patient/client could still make a claim up to 6 years from the initial problem. Hence the need for a “run-off” cover after retirement.

A Member who has alternative insurance is advised by The Society of Sports Therapists to ensure that it covers them for the full breadth and scope of practice of a Sports Therapist and that it includes all of the techniques, treatments and modalities that they are likely to use.

The Society knows that some policies differentiate the cover into various groupings and that the premium applied is dependent on the level of risk. For example “Sports Injury Therapy” may be classified at Level 2, alongside Sports Massage, whereas Physiotherapy and Spinal Therapy are classified at Level 4. Additionally, Manipulative Therapy (excluding HVT) is deemed at Level 5 and electrotherapy and ultrasound Level 3. It is therefore extremely important that the Member insures themselves at the correct level for anything that they may do in the provision of care.

By definition physiotherapy is the application of treatments by physical means and includes heat, massage, exercise and electrotherapy, the majority of which Sports Therapists will apply but in a sport and exercise therapy context. Massage is deemed as a physiotherapy skill but in the above model is graded at two levels more than sports massage.

Members should also ask where first aid on the field of play sits? A Sports Therapist who is employed to look after teams and/or be the First Responder needs everything that they do on the field of play or competitive environment (apart from CPR and BLS – basic lifesaving skills) to be deemed as Sports Therapy and not First Aid. The reason being that these skills fall within the scope of practice of a Sports Therapist and as such, need to be covered under their Medical Malpractice and Public Liability insurance. If a therapist is employed or contracted to undertake a role which includes “first responder” responsibilities, they cannot depend upon “Samaritan” cover for their first aid actions. Consequently, this must be covered and is under the insurance provided by the Society as it is part of a Member’s scope of practice. Hence the reason for understanding what is and is not included before it is too late.

Product and public liability insurance does not cover medical malpractice. In fact, many of these policies clearly state that “if any bodily injury, mental injury, illness, disease or death occurs that is caused by any negligent act, error or omission, the insurance is invalidated”. Ironically, it is this specific wording that applies to medical malpractice and reinforces its need.

The Society of Sports Therapists is not an insurance broker nor does it expect all of its Members to have the Society’s insurance cover. However, the Society does have a responsibility to protect its Members and to treat them as autonomous practitioners and individuals who have the capability of making their own decisions. The cover is arranged by Howden and the underwriters are Newline.