Unique Medical Malpractice product
The unique Frontier Medical Malpractice product is specially designed to offer the medical professional a comprehensive and specialized legal defence product with liability backing from world-class underwriters, with tailormade limits. The product was designed to give the medical professional the best legal assistance in the event of a case of medical negligence being brought against the medical professional. We offer the medical professional the opportunity to defend those cases before it being lodged as a “claim”as per the norm in the medmal environment
About Frontier Products
The Frontier product was developed by Insist Risk Managers(Pty) Ltd, or IRM, who have been market leaders in developing products to address certain needs within the Insurance space, not just in South Africa but in other parts of the world.
The need for proper Medical Malpractice Insurance was identified as the medical professionals were taken advantage of by current societies and insurers with absurd premiums and unclear cover margins. That inspired the Frontier model which offers medical professional relevant and competitive premiums and world class underwriting.
INFORMED CONSENT
Informed consent is a fundamental ethical and legal principle in healthcare and research, ensuring individuals have the autonomy to make decisions about their own bodies and participation. It is not just a signature on a form; it is an ongoing communication process.
Here are the key elements of informed consent:
1. Disclosure of Information:
The healthcare provider or researcher must provide comprehensive and relevant information to the individual. This includes but is not limited to:
- the nature of the procedure
- a clear explanation of what will be done
- estimated recovery period (with understanding that every individual’s recovery period may vary)”
Brochures or printed information relating to the procedure or intervention provided to individuals should be noted in the consent as additional confirmation of what was discussed with the individual.
- The nature of the procedure or intervention:
- A clear explanation of what will be done.
Purpose
Why the procedure or research is being undertaken
Risks and discomforts
Any foreseeable physical, psychological, social, or financial risks, including potential side effects, complications, or negative outcomes.
Benefits
Any expected benefits to the individual or to others (e.g., societal benefit from research).
Alternatives
A description of appropriate alternative procedures or courses of treatment, if any, and their associated risks and benefits.
Consequences of refusing treatment
What might happen if the individual chooses not to proceed with the proposed intervention.
Confidentiality
The extent to which confidentiality of records will be maintained.
Compensation and medical treatments (for research):
If the research involves more than minimal risk, an explanation of whether any compensation or medical treatments are available if injury occurs.
Contact information
Whom to contact for questions about the procedure/research, rights, or in case of injury.
Voluntary participation
A clear statement that participation is voluntary, and refusal or withdrawal will not result in penalty or loss of benefits.
Expected duration
The expected duration of participation.
Experimental procedures
Identification of any procedures that are experimental.
2. Comprehension/Understanding:
It is not enough to simply disclose information; the provider/researcher must ensure the individual understands it. This involves:
Clear and simple language
Presenting information in a language and manner that the individual can understand, avoiding medical jargon.
Opportunity to ask questions
Providing ample opportunity for the individual to ask questions and seek clarification.
Assessment of understanding
The provider/researcher has a responsibility to assess the individual's comprehension (e.g., through a "teach-back" method where the individual explains in their own words).
Addressing concerns
Clearing up any questions or concerns the individual may have.
3. Voluntariness:
The decision to consent must be made freely, without coercion, undue influence, manipulation, or pressure from anyone (healthcare providers, family, etc.).
Freedom to choose
The individual must feel genuinely free to choose whether to participate, and to withdraw at any time without fear of negative consequences.
Respect for autonomy
The process respects the individual's right to self-determination and to make decisions about their own body and health.
4. Capacity/Competence:
The individual providing consent must have the mental and legal ability to make an informed decision.
Ability to understand, retain, and weigh information
This involves the ability to understand the information presented, remember it, and use it to make a reasoned decision.
Legal age
The individual must be of legal age (e.g., 18 years old in many jurisdictions).
Assessment of capacity
If there is doubt about an individual's capacity (e.g., due to illness, intoxication, or cognitive impairment), an assessment of their decisional capacity should be conducted. If they lack capacity, consent must be obtained from a legally authorized representative (e.g., parent or legal guardian).
5. Documentation:
While the process is communication-based, the informed consent discussion and the individual’s decision should be thoroughly documented in the medical record or a signed consent form. This documentation serves as legal evidence that the process occurred.
In summary, informed consent is a dynamic process centred on communication, respect for autonomy, and ensuring that individuals have sufficient, understandable information to make truly voluntary and well-reasoned decisions about their healthcare or participation in research.
Know your Rights Get results
The unique Frontier Medical Malpractice product is specially designed to offer the medical professional a comprehensive and specialized legal defense product with liability backing from world-class underwriters, with taylormade limits.
The product was designed to give the medical professional the best legal assistance in the event of a case of medical negligence being brought against him/her. And to also offer them the opportunity to defend those cases before it being lodged as a “claim”as per the norm in the medmal environment.
The solution is clear.
- Pro-active risk management by employing legal professionals with the much needed expertise to assist medical professionals right from the outset. We need to be in the fold from the very moment a threat or demand is made;
- By doing this on a collective scale and by utilizing the IRM panel of experts model, cost of claims will be managed properly and with almost certainty regarding quantum;
- Legal certainty will be a huge spin-off as we will be on the forefront of medico-legal cases;
- Affordability is of the essence;
- Retention of practitioners;
- Legal service backed by contingency policy is the answer as traditional insurance models will fail due to a lack of proper risk management;
- IRM has been in the industry with a proven track record which will take insurers years to tap into;
- Market penetration will be phenomenal due to an understanding and general acceptance of the service model coupled with an affordable payment structure;
- The collective nature will create peace of mind and a sense of security in numbers with professionals;
- A service model which will be easy to manage and monitor. Ownership of the service supply chain is vital and key to this model;
- Proper underwriting is easy and manageable;
- Case history will be build up to add value to professional practises as well as medical council hearings;
- Government has bought in on the concept already;
- An all-inclusive legal protection plan will contribute to buy-inn on health professionals’ side.
This model is a perfect fit and leans itself to be easily adapted to include other sectors such as estate agents and retailers (consumer protection act) etc.
If it exists improve it. If it doesn’t, design it!