This type of medical malpractice insurance provide protection for those who have a medical exposure for operations that are incidental, but not the major function of their business. Incidental medical malpractice insurance does not protect clinics, hospitals or health care service providers simply because their medical exposure is directly related to their job. Examples of incidental medical exposures that this insurance will cover are nurses or first-aid providers at schools and infirmaries, athletic trainers and counselors. With some policies, the coverage can extend to EMTs, paramedics, ambulance attendants/drivers, and firefighters. Specific policies vary greatly depending on provider and state.
Originally, incidental medical malpractice coverage had an exception to medical professional liability exclusionary endorsements. This was largely eliminated when incidental medical malpractice insurance was first introduced to standard general liability policies in 1976. Its purpose is to protect those offering medical services by an entity not engaged primarily in the offering of such services. Coverage can now also be provided in a commercial general liability policy to cover employees such as those implementing first aid to an injured worker.
Coverage can vary by state and especially by the individual plan you carry. Overall, the latest incidental malpractice liability coverage comes with the standard ISO commercial general liability policy provisions instead of as separate policy coverage. It includes the coverage within the “Who Is An Insured” section of the policy, which is different from the previous exclusion because it only applies to an employee providing or failing to provide professional services. In other words, this means that by exception, the coverage applies to the vicarious liability of the employer unless they attach it to professional liability endorsement. This endorsement would have to preclude the vicarious liability of an employed professional.