Professional Liability Insurance Program
Professional Liability insurance program
Amgen Preclinical Study Demonstrated Anti-Tumor Activity In Mammary Tumor Model
Amgen (Nasdaq: AMGN) announced results of a preclinical study demonstrating a positive response to administration of RANK-Fc against mammary tumor formation in mouse models. OPG-Fc and RANK-Fc bind to and block the action of RANKL. These molecules have a comparable mechanism of action to denosumab. The study was presented in a late-breaking abstract at the American Association for Cancer …
Professional Liability Insurance: Why Do You Need It?
Is universal health care the answer?
The problem we have is the high cost of health care. This is not because medical professionals make too much, its because they spend too much on training and insurance.
There are several programs already in place to reduce the liability due to common difficulties during medical proceedures (NICA in FL is a prime example). What if we had a similar program for all medical malpractice? Would it reduce insurance costs of medical facilities and personnel? Would it reduce the cost of health care?
On the other side, maybe we need to more directly support the education of promising students who want to enter medical school so they don’t graduate with a quarter million in school loans? Would this reduce the cost of health care?
Please give a detailed answer. Thanks!
If your response is to promote Michael Moore. Please don’t respond. No one likes spammers.
Wow! I guess I did ask for detailed answers, but some of these are small books!
I stole this response from somebody else because i couldn’t put it better myself.
“…I am against any form of National Health. I do believe that we have to address insurance and medical cost concerns in this country, but creating large entitlements will not be less expensive than the current system. Further, no one can point to any country which has such a system that does not have higher tax burdens as a result.
One of the major arguments people like to use in this debate is the one you espouse here. This is that we are already paying for it. This is a true statement to be sure because it is passed along to the consumer in the form of higher costs. However, have you considered the fact that under the current system people without insurance go to the doctor when absolutely necessary. Under a National Health Plan many of these people would go to the doctor every time they get a slight case of the sniffles. This would not only dramatically increase your expected costs, but would also create even more backlog and longer wait times to see a physician than we already experience.
As for Hillary Clinton’s plan. This is no plan at all. She wants to force everyone to carry insurance at an average rate of 115 dollars per month. Then she wants to set the deductible at 2500 per year. Now if you do the research you will find that the average person does not incur 2500 in medical expenses per year. So what does this mean to the consumer? It means that you will pay a signifigant portion of your yearly income in premiums which you will never see a dime of benefit from without experiencing catastrophic illness. Additionally, do you really expect that people who are unwilling to pay for insurance now are suddenly going to be willing to pay out their co-pays to meet the required deductible? Highly unlikely!
In the case of Obama’s plan. Well all I can say is that if he thinks he can lower health care costs by 2500 for every American then he is going to have to prove exactly where this money and the savings will come from. To date he has provided only abritrary numbers without hard economic fact to back them.
Given these 2 choices, I think I will continue to support the status quo. The devil you know is usually better than the one you don’t in the end.”
The federal government decided long ago that it knew how to manage your health care better than you and replaced personal responsibility and accountability with a system that puts corporate interests first. Our free market health care system that was once the envy of the world became a federally-managed disaster.
Few people realize that Congress forced Health Maintenance Organizations (HMOs) on us. HMOs rose to prominence through federal legislation, incentives, and coercion.
Now, the Food and Drug Administration’s bias toward large pharmaceutical companies enlarges their power, limits treatment options, and drives consumers to seek Canadian medicines. Regulations from D.C. make it virtually impossible for small business owners to cover their employees. Thanks to government interference in the health care market, many Americans, including the unemployed and those who work for small businesses, cannot afford health insurance. This causes the uninsured to seek basic medical care at already overcrowded emergency rooms, further driving up health care costs and causing premiums to rise for those with insurance.
The federal government will not suddenly become efficient managers if universal health care is instituted. Government health care only means long waiting periods, lack of choice, poor quality, and frustration. Many Canadians, fed up with socialized medicine, come to the U.S. in order to obtain care. Socialized medicine will not magically work here.
Health care should not be left up to HMOs, big drug companies, and government bureaucrats.
It is time to take back our health care. This is why I support:
Making all medical expenses tax deductible.
Eliminating federal regulations that discourage small businesses from providing coverage.
Giving doctors the freedom to collectively negotiate with insurance companies and drive down the cost of medical care.
Making every American eligible for a Health Savings Account (HSA), and removing the requirement that individuals must obtain a high-deductible insurance policy before opening an HSA.
Reform licensure requirements so that pharmacists and nurses can perform some basic functions to increase access to care and lower costs.
Eliminate Double Pricing Structures – Make it a crime for any hospital or doctor to charge more to an uninsured “out of pocket” patient for a procedue or test than the amount they are willing to accept for the same procedure from an insurance company.
Extend HSA Benefits – Remove the one year use it or lose it cap. Allow individuals to accumulate their HSAs on a yearly tax free rollover basis. This will allow people to establish true medical savings accounts to help offset their cost burden. Upon the death of an insured the survivor should be allowed to utilize unused funds for burial expenses.
Only by removing federal regulations, encouraging competition, presenting real choices, dealing with inflation, and returning to a sound monetary policy can we make our health care system the envy of the world once again.
Incoming search terms for the article:
Student Professional Liability Insurance
student Professional Liability insurance
Legal Liability Relevant to Study Abroad
006, Dr. Sandi M. Smith, Director of Institutional Relations, Global Learning Semesters, Inc.
Legal liability is often used as a weapon to guard off the timid or defend the brave. However, many staff and faculty involved in study abroad programs do not have a notion of what legal liability is and how it should guide the design and maintenance of every study abroad program.
The following article is a layman’s introduction to complicated legal principles and precedence related to the administration of study abroad programs. Clearly, it is necessary to deliver a disclaimer… the information herein is not intended to substitute for competent legal representation. The following description of legal liability is for informational purposes only. The concepts discussed here can be helpful in guiding questions for your institutional and personal legal counsel.
Liability as a legal doctrine makes a person responsible for the damage and loss caused by his/her acts and omissions regardless of culpability (culpability is a measure of the degree to which a person can be held morally or legally responsible). However, for breach of contract or a tort, culpability may increase the measure of damages payable to compensate the plaintiff.
Sources of Liability
It does not matter our legal vocabulary and understanding, liability is something in which we are all obligated. Based on various established legal theories and precedence, duties and responsibilities are imposed on us and can carry an obligation of compliance.
The four main categories of legal liability relevant to the administration of study abroad are:
- tort law
- contract law
- criminal law
- federal law
- immunities
- professional regulation
Tort Law
Strict liability often applies to those engaged in hazardous or inherently dangerous ventures. The law imputes strict liability to situations it considers to be inherently dangerous. It discourages reckless behavior and needless loss by forcing potential defendants to take every possible precaution. It also has the effect of simplifying litigation and allowing the victim to become whole more quickly. According to strict liability, the plaintiff needs to prove only that the tort happened and that the defendant was responsible. Neither good faith, nor the fact that the defendant took all possible precautions are, valid defenses.
Tort law is focused on negligence for which damages may be awarded. Common tort liability is commonly measured by this question:
“Would a reasonable person have known or should have foreseen the risk or harm?â€
To prove negligence, the injured party must prove,
1) the existence of a duty which the offender did not meet, and
2) that the effect of that specific failure resulted in injury to the plaintiff.
A few of the “duties†relevant to study abroad administration are:
Special relationship
In loco parentis is practiced to different levels at different types of campuses. For example, a church-related institution with strict behavioral codes invokes a higher standard of in loco parentis than a state-funded university. Yet, most institutions do not assume the responsibility of in loco parentis. However, it is commonly accepted among international educators that we are held to the expectations of “special relationshipâ€, in which a duty of care is imposed because of special circumstances. Because there are more unknown factors involved in an international experience, there is a relative dependence of the student on the sponsoring institution. Thus, educators and administrators familiar with the expectation of treating college students as adults, must re-evaluate so me responsibilities when related to international programs.
Landlord relationship
Legal duties may be assumed of the property on which international programs are conducted. Although the program sponsor may not be the owner of the facilities, and it is not reasonable to expect that foreign landlords have the same standards as we do for students in the U.S., the sponsor assumes the duty to ensure reasonable standards. This includes duty to maintain the premises, provide adequate security, and warn of potential hazards.
Reasonable person standard
It is fair to assume that the courts will look to impose liability where sponsors/institutions, have not been prudent or demonstrated good faith in the care of those with whom they serve. However, the fundamental precept of negligence that the law will look to determine is “what a reasonable person under the circumstances would have done.â€
Contract liability
Contractual understandings that may be written or oral. Unlike tort liability, contract liability is not imposed according to a duty, nor on the basis of what a reasonable person would do. Rather it is clearly an issue of “what does the contract say?†Thus, parties can control liability according to the agreement they come to. Obviously a written contract can be proven more substantially than a verbal contract. And reliance on a verbal promises outside of a written contract are not usually admissible.
Printed/media informational materials
Contracts can be created outside of a signed document. Colleges and universities have been found to be liable for representations in catalogues and other printed materials. Thus, pamphlets, flyers, brochures, letters and even websites are enforceable.
Signed agreements and contracts
Obvious reliance is placed on signed contracts and agreements. Weather it be pre-approval of transfer of credit or contracts for bus transportation, these contracts are meant to protect both parties. The more precise the terms of a contract, the m ore common understanding exists between parties. Most institutions have rules about who has the authority to sign contracts. Thus, when developing forms related to international study, it is important to have legal counsel and senior administration decide who has authority over specific types of signed agreements. Similarly, many institutions have policies and procedures about procurement contracts and thus, if an international program needs to sign contracts for transportation, housing, insurance, etc. there should be institutional policies for vetting and authorizing these contracts.
Federal Law
Federal law, in most cases, does not reach outside the U.S. Thus, returning to the special relationship precept,, international programs may technically be liable for maintaining standards of U.S. Federal Law as much as is reasonable. Furthermore, international programs will be under jurisdiction of the Laws of the host country. Some of the federal laws that have relevance to international programs are:
- civil rights
- FERPA
- Campus Security Act
- Drug Free Schools Act
Criminal Law
Obviously, those participating in and administering study abroad programs are subject to criminal law. The most important factor to realize with criminal law is that participants and administrators are subject to local and national law in the U.S. and ALSO subject to criminal laws of the host country and any country visited along the way. The U.S. Embassy in foreign countries is a good source or information for understanding relevant host country laws. OSAC, Overseas Security Advisory Council provides relevant information at: http://www.osac.gov/. Legal protections in the U.S. are not applicable to foreign countries. And the “I did not know†defense will not protect you. Some of the criminal laws relevant to study abroad are:
- vandalism
- assault and battery
- murder
- robbery
- drugs and alcohol
- political speech
- vehicle operations
Immunities
Immunity from prosecution is offered to those employed by a public institution and may apply to certain circumstances within the responsibilities of an international program. Sovereign Immunity established by the Eleventh Amendment of the U.S. Constitution basically bars suit in federal court against entries or agents acting in an official state capacity. However, this does not absolve institutions and employees of prosecution for negligence.
Program Sponsorship
It is commonly referred to as “deferred risk†when turning over students to a third-party program provider. Many institutions, realizing that they do not have the staff and resources to provide the best standard of care and expertise to study abroad programs have wisely deferred the risk of liability to a program sponsor. A deferred program sponsor may be another U.S. college or university operating international programs or an independent study abroad organization. Entering into an exchange agreement or direct enrollment agreement with a host institution does no defer risk of liability.
Legal principles for managing study abroad programs are similar to the standards used at home. Institutions are expected to “understand the nature of the program activity so that the educational benefits can be measured against the risk of harm.†(Weeks, pg. 3) Program sponsorship should be reserved for those with expertise to provide the expected duty of care, including:
- faculty and administrators should possess adequate expertise in the site location (language, culture, laws, social standards, political status, geographic and climatic issues, crime and safety, emergency resources),
- the distinct components of a program should be clearly articulated and assigned to responsible staff (faculty may be experts on the language or academic content, but not adequately trained to respond to student conduct issues, or housing safety, or emergency response),
- responsible staff are sufficiently trained and accountable for the performance of their assigned duties,
- adherence to safety standards when structuring the program, negotiating contracts, and facilitating student interactions,
- responsiveness to incidents and emergencies
Another function of program sponsorship is eminent domain. What laws and jurisdiction apply to any prosecution that might occur?
Program Structure/Risk Management
Offering a course at an international location does not inherently create a higher risk. However, there are risks inherent to some international locations, and obviously to inexperienced travelers. Studying in a classroom or library in London is not inherently more risky than in the U.S., and filed experiences in archeology will inherently have more risk in the U.S. or abroad than studying in the library. Program structure and risk management should take into consideration some of the factors that do make study in another country more risky including:
- language
- laws and cultural customs related to alcohol consumption
- traffic patterns and laws
- social customs and interactions
- safety standards of buildings, walkways, vehicles
- public health and safety
- travel-related and site-specific high risk activities
Resources:
Association of Safe International Road Travel: http://www.asirt.org.
Consular Information Sheets: http://trave.state.gov/travel/cis_pa_tw/cis/cis_1765.html
NAFSA Responsible Study Abroad:
http://www.nafsa.org/knowledge_community_network.sec/education_abroad_1/education_abroad2/practice_resources_12/health_safety/guidlines_for_health
SAFETI Clearinghouse: http://www.globaled.us/safeti/
IES Map: http://www.iesabroad.org/iesMap.do
U.S. State Dept. Travel Resources: http://www.state.gov/travelandbusiness/
Worldworx Travel Safety: http://wwww.worldworx.tv/safety/
Duty to Advise
A serious responsibility of any college or university is the function of academic advisement. More resources are being assigned to student advisement whether through faculty advisors and/or professionally trained advisors. With this increased recognition of a duty to advise, it is expected that colleges must provide the same level of informed and thorough advisement and orientation for students selecting international programs. The duty to advise encompasses choosing a program, academic structure, host country, eligibility requirements, cost, application procedures and deadlines, pre-departure orientation, conduct expectations, waiver of rights, credit transfer, financial aid, transition adjustment, and more.
Disclosure of known risks is expected. A duty of care includes:
- known or expected political, social, terrorist risk
- assessment of crime
- road, traffic and vehicle conditions
- health risks
- cultural and legal differences
- independent travel
- past incidents of students and staff
- local informants
- encourage questions and provide responses
Student Misconduct
The duty to advise must clearly cover behavior and conduct expectations of students. Depending on program sponsorship, a student should know if he/she is accountable to home-campus conduct and disciplinary standards, or does the sponsoring agency supplant home-campus policies?
Furthermore, it must be clear as to the expectations for “off-campus†conduct while participating on an international program. What is considered “off-campus†while on a program abroad: is the program housing off-campus, are group meals considered off-campus, and is weekend travel considered off-campus? An example of a U.S. campus issue is alcohol consumption in the students’ residence. Some campus residences may have rules prohibiting alcohol consumption, yet public institutions would not expect to prohibit alcohol consumption in off-campus apartments (some private institutions do have general alcohol consumption policies and attempt to prohibit it at any time on and off campus). Thus, is sponsor-provided housing on an international program considered on or off-campus?
Due process is another issue that is sometimes blurred on a Study Abroad program. It is fairly uncommon to have qualified staff to investigate student misconduct allegations, and provide due process that is expected on the home campus. Thus, it must be clearly stated that students will either waive due process or experience an abbreviated version of due process in academic and/or conduct issues while abroad.
Students should also be informed if they will face home-campus disciplinary sanctions for conduct infractions while aboard. If there are exceptions to home-campus conduct (particularly drinking age), students should understand the policies as they apply to study abroad.
Students should be informed that they are subject to local and host country laws and should not assume that those laws are the same as U.S. laws (especially regarding public intoxication, traffic offenses, drug possession, use and sales, and sexual misconduct).
Federal Statues
The following federal statues can be applies to education abroad:
Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate in employment based on race, color, religion, sex, or national origin.
Title IV of the Civil Rights Act of 1964 makes it unlawful for programs that receive federal funding to discriminate based on race, color, religion, sex, or national origin.
Title IX of the Education Amendment of 1972 make it unlawful for programs that receive federal funding to discriminate on the basis of sex.
Age discrimination in Employment Act of 1984 makes it unlawful to discriminate in employment based on age.
Campus Security Act of 1990 (Clery Act) does not contain any clear indication that it is intended to apply outside the U.S. boundaries, unless specifically a branch campus. However, in the duty to advise, it is expected that institution swill maintain data on incidents and disclose as appropriate.
Drug-Free Schools and Communities Act Amendments of 1989 are tied to federal funding. So the argument can be made that if any federal financial aid might be used for a program, it is required that the same requirements apply.
Family Educational Rights and Privacy Act of 1974 (FERPA or Buckley Amendment) It is not possible to dictate the policies and procedures of foreign institutions, however, it is necessary to understand the foreign institution’s policies and procedures. FERPA standards of care in confidentiality management should be taken by U.S. representatives.
Rehabilitation Act and Americans with Disabilities Act (ADA) is not intended for overseas institutions, however, most colleges continue to serve students where reasonable accommodations can be made. And some foreign host institutions now apply a similar standard of care in making reasonable accommodations for students and employees with disabilities.
Crisis Management
Every campus is expected to have a crisis response plan, and thus has an outline and structure that can be translated to overseas programs. It is reasonable to expect that any institution sponsoring international activities will make proactive efforts in crisis management and response planning.
Summary
Legal liability is created by the violation of duties imposed by the 1) common law, 2) statutory law (state and federal), and 3) contract law. And despite the complexities of the law there are some fundamental precepts that can protect an institution involved in study abroad:
1. assume there is a duty to act reasonably and foresee and limit the exposure to risks which are known or should be known, and act accordingly.
2. make certain that all substantive aspects of programs are fully described in writing and that program participants receive, and understand all of the materials.
3. prepare and use an assumption of risk document appropriately.
4. ensure that all participants possess adequate insurance for every reasonable contingency.
(Weeks, pg 67)
This document is a summary of legal liability related to study abroad programming. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
Sources
Kaplan, William A. 1990. The Law of Higher Education. Jossey-Bass Publishers.
Weeks, Kent M. 1999. Managing Liability and Overseas Programs. College Legal Information, Inc. Nashville, TN.
I am a nursing student in California, where could I get a professional liability insurance in the amount of..?
$1, 000, 000 per occurence/$3, 000, 000/aggregate.
Please give me their internet sites so I could read on.
Also, question 2: I am recent immigrant as well, where could I get a good yet low cost health insurance?
to Bambin: DONT ANSWER QUESTIONS IF YOU DONT KNOW THE ANSWERS. I am a nursing student in CA and we are required to get this liability insurance. What are you talking about?! It is just that I am asking for opinions regarding this issue. Thanks anyway! =)
I am surprised your nursing school does not assist you with this. We got ours through the school, it was only about $15 a semester. Didn’t your nursing instructors give you any info on this?
Anyway, here are some places:
http://www.nso.com/
http://www.hpso.com/
Health insurance may be available through the university as well. Please speak to your nursing advisor, they are generally very helpful and bend over backward to assist you.
But here are some sites for that also:
http://www.extendone.com/
http://www.medhealthinsurance.com/individual.htm