Frequently Asked Questions
Aesthetic & Cosmetic Professional Liability Insurance
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A: An Aesthetic & Cosmetic Professional Liability Insurance Policy will protect you against allegations of negligence caused by the advice you provide, by the treatment of a procedure or the product you have used that results in bodily injury to your patient, to whom you have a duty of care.
The policy will pay for all costs in defending the allegation as well as any sums and costs awarded to the claimant up to a maximum limit which, is stated in the policy. Whilst the trigger to a claim being made against you is bodily injury, all associated and related costs attributable to the claim will be picked up by the policy.
As the policy is a "legal contract", it will protect you regardless as to whether you have been proven negligent or otherwise. Your policy certificate will detail the treatments or procedures that are covered by the insurance. Those not listed will be excluded from the policy.
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A: "Bodily injury" is defined under the policy as any physical injury, mental injury, illness, disease or death of any patient caused by any negligent act error or omission. Aesthetic & Cosmetic Professional Liability insurance, unlike "Public Liability Treatment Extensions" provided under some surgery and salon policies, also covers bodily injury caused by any advice you provide to the patient.
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A: Please refer to our list of treatments Click here for list of treatments
If a treatment that you require cover for is not listed on there then please contact us on 0845 310 6300
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A: Aesthetic & Cosmetic Professional Liability policies are not "premises specific". They are underwritten on a territorial basis e.g. UK only etc. If you offer your clients a "mobile services" or you have contracts with various clinics and salons, your policy will not restrict from trading from other premises. Having said this, future regulation may change this. Refer back to this web-site for further information as it becomes available.
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A: First check on our List of Treatments to see if we currently offer insurance for the procedure. If you cannot see the treatment on our list, please contact us as the list is constantly being updated. In the large majority of cases the new procedure can be added to your existing policy, subject to you providing the following:
1. A copy of the training certificates
2. Confirmation in writing have no claims in respect of this product
3. Declaration of additional income you will generate from the new procedure
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A: It's not best practice to carry out treatment at an exhibition; you will need to ensure that work is carried out in a clinical environment, the correct consenting is undertaken and that you follow all the standard protocols laid down by your governing body.
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A: No, you will be covered for all the treatments/procedures that are listed on your schedule regardless as to whether you charge your client or not.
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A: If you decided to cancel your policy the return premium will be calculated on a pro rata basis. However, you will incur a cancellation charge. Please remember that if you stop trading you will still require protection for any treatments that you have previously carried out. Your clients are entitled to claim against you for up to 3 years after any treatments.
For more details call 0845 310 6300.
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A: No, your policy does not automatically provide training cover unless it is specifically stated on your policy schedule. You will need to make an application to us for this cover. Additional premiums and terms and conditions will apply. If you would like us to insure practitioners who you have trained, you will need to apply to be included on our Recognised Training Courses.
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A: To become one of our Recognised Training Courses click here for an application form or call us on 0845 310 6300 and request an application form. You will be required to provide us with:
- A copy of your course syllabus and;
- A copy of your proposed training certificate
- Evidence of your insurance to cover the course (or ask us for a quotation)
- CV’s of your proposed trainers
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A: The Care Quality Commission is an independent inspection body for both the NHS and independent healthcare providers. Currently, in respect of aesthetic procedures, only practitioners who will perform Laser treatments need to be registered with the Care Quality Commission.
There is much talk of self-regulation within the aesthetic industry and Hamilton Fraser Insurance supports and is active in raising the standards of training and care across the industry.
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A: When you allow your policy to lapse at the end of the insurance period, and you wish to either stop practicing or transfer your insurance to a new provider, you should consider the option of "Run-Off Cover". Aesthetic & Cosmetic Professional Liability policies are traditionally underwritten on what is known as a "claims made basis". Once the policy is cancelled you are unable to present a claim to underwriters even though your policy may well have been live at the time of the treatment. In effect, you can only present a claim to us if you have a live policy at the time of notification. Insurers use this basis of underwriting to limit their exposure to claims in the longer term as patients have (in most cases) up to three years after the treatment to raise a complaint against you.
Run Off cover is an extension to your policy that continues to provide protection for treatments performed prior to the date of cancellation of the policy, but no new treatments will be covered.
If you are moving your insurance to another provider, or coming to us for a new policy from another provider, you must ensure that previous work undertaken is covered under the new policy. This is called "Retroactive Cover" and for the aesthetic industry some underwriters may provide this extension at no additional cost for at least one year backwards. A word of warning though: most underwriters do not offer this additional protection as standard – you have to ask them for it, and they have the option to refuse you the cover without explanation. Always check your policy details carefully.
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A: Aesthetic & Cosmetic Professional Liability policies are underwritten on a "Claims Made" basis. This means that you will only be indemnified for claims made against you, and notified to us, during the current period of insurance. The policy will not respond to claims notified to us after the policy ceases, even if the treatment or advice took place whilst the policy was live. You must advise us of any incident that may give rise to a claim immediately, or worst case, before your policy expires. If you cancel your policy for whatever reason, you should consider Run Off cover to protect you against instances which may not have been notified to you.
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A: The Limit of Indemnity is the maximum amount that insurers are liable to pay in respect of any one claim, or series of claims, during the policy period. The Limit is an "aggregate" limit so all claims notified within the policy period must not exceed the stated level and will include costs and expenses incurred in defending you. Hamilton Fraser now offers a standard limit of indemnity of £5,000,000 any one claim and in the aggregate.
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A: The excess, sometimes known as a "deductible", is the amount you will personally have to bear in the event of a claim. The excess under a malpractice policy is "costs inclusive". Even if no payment is made to the claimant, you will be expected to contribute to the costs of your defence up to the level of the excess. The level of excess imposed by the policy will be stated on your policy certificate.
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A: As with all insurance policies, you need to understand what is not covered. Whilst not exhaustive, the following lists the general exclusions of the policy:
- Any claim which is otherwise being considered under another policy or arrangement
- Claims not arising out of malpractice, or injury caused by events or treatments not specified on your policy schedule
- Any act which is in violation of the law
- Any act which is fraudulent, dishonest or criminal
Remember to read fully the terms and conditions of the policy and ask for our assistance if you do not understand any area of the wording.
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A: Hamilton Fraser’s malpractice policy now offers its best cover ever. Here we detail the no-cost extensions that we have incorporated into our latest version.
Products Liability Extension
The policy is automatically extended to cover for damage or injury caused by the failure of the aesthetic product including supply and alteration of the product (licensed and registered brands only).
Work Away Public Liability Extension
The policy is automatically extended to include cover for loss or injury to persons or property due to practitioner negligence whilst working away from their main trading premises.
Personal Accident Extension
The policy is automatically extended to include scale of benefits paid to the insured for accidental death and disablement (excluding hazardous activities).
Libel and Slander Extension
This provides you with additional cover for costs and awards if a libel or slander suit is brought against you and it relates to your business as an aesthetic practitioner.
Breach of Professional Confidentiality Extension
This provides you with cover for costs and awards if a breach of confidentiality suit is brought against you and it relates to your business as an aesthetic practitioner.
Data Protection Extension
The policy is automatically extended to include cover for costs and expenses to defend the insured against civil action for compensation under section 13 of the Data Protection Act.
Errors and Omissions Extension
The policy is automatically extended to include financial loss of third parties caused by your negligent acts or advice when carrying out treatments covered under the policy.
Loss of Documents Extension
Should you find that any documents relating to your business as an aesthetic practitioner which belong to you or are entrusted to you, are destroyed, lost or stolen, we will pay you to replace or recover them. We will also pay any costs for which you are legally liable for damages, due to the loss of the documents. The main exclusion to this extension relates to computer records where you will need to purchase a separate Data Reinstatement policy. In addition, costs for damages are excluded in respect of lost, stolen or damaged medical records.
Disciplinary and Coronial Inquiry Costs Extension
This covers the payment of costs and expenses in defending and representing the insured at or prior to any inquest or Coronial Enquiry or GMC, GDC or NMC enquiry.
Criminal defence Costs and Corporate Manslaughter Extension
This covers costs and expenses in defending and representing the insured in connection with Criminal Proceedings including the proceedings alleging Corporate Manslaughter.
Please refer to the policy wording for details of limits and terms and conditions.
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A: In the event of a claim, it is usual for the claimant to look to the entity to which the payment for the treatment was made. If you are running a practice which is legally incorporated into a limited company or partnership, then you must purchase your insurance in the name of that business. We call this type of policy a "Corporate Policy". This will ensure that cover is extended to protect the legal entity as well as the employees/partners of the company, subject to these employees/partners being specified or notified to ourselves.
You must remember that employees/partners covered under a Corporate Policy will not be covered for work they do in their own capacity and for which they receive personal remuneration – they should consider their own separate "Private Policy".
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A: We all get complaints and disputes but it is how we deal with them that often prevents them from escalating to a formal claim. Hamilton Fraser does not wish to stop you dealing with these complaints in your own personal way for reasons such as client service and goodwill. So when do we need to be advised of a formal claim? The rule of thumb is that any complaint that you receive in writing from the patient or their third party representatives, should be advised to us immediately for our guidance on how you should deal with it. In addition, if you receive a verbal complaint demanding compensation or if legal action is threatened, you should also make us aware of the circumstances. You should never admit liability, even if you have clearly been negligent, as this tends to have the effect of increasing the cost of any claim. Whilst most claims will need to be confirmed to us in writing, never hesitate to contact us by telephone to talk through the issues and obtain some advice.
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A: As well as Aesthetic & Cosmetic Professional Liability insurance, we can also arrange many other types of insurance policy, ranging from surgery and clinic insurance to home and travel policies. If you would like to know more call us on 0845 310 6300.
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A: No, as the IHAS regulations for cosmetic procedures are voluntary we do not currently require you to be a member to gain insurance.
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A: For all policies taken out or renewed after 1st July 2010 the excess for claims relating to botulinum toxin and some dermal fillers under the medical malpractice section of your policy has been reduced to zero.
This means that if you experience a malpractice claim for botulinum toxin or certain dermal fillers you will not incur any costs or expenses provided the claim falls within your limit of indemnity. For details of the fillers that benefit from a zero excess please contact Hamilton Fraser for more details. For all other malpractice claims the policy excess is stated on your policy schedule, and an excess will still apply to any third party & products liability and personal accident claims. Details of all other policy terms and excesses can be found in your policy schedule.
