25 Sep 2022

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Indemnification: What You Need to Know

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Academic level: Master’s

Paper type: Coursework

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Indemnification is a legal occurrence where one party to a business association is either legally mandated to or contractually accepts to compensate another party for harms or damages. Normally, indemnification is presented as a legal remedy only when one party has no fault and pursues compensation for expenses it has paid to settle a lawsuit. As such, in healthcare, the doctrine of indemnification advances the notion that people are ultimately accountable for their actions. To this effect, healthcare workers ought to take up insurance covers in order to compensate the affected parties the damages caused. Insurers pay millions of dollars in indemnities connected to medication administration. The claims are usually related to incorrect dose, improper technique, mistaken medication, and failure to correctly monitor and conserve the infusion site. Usually, administering the wrong medication has the utmost paid indemnity (O’Donnell and Vogenberg, 2014). 

Since the doctrine of indemnification holds individuals responsible for their actions, healthcare workers should k now their state's nurse policies and procedures, comply with their employer's standards, stress patient assessment and monitoring together with effective communication, ensure clinical competencies, and clarify their direct care assignments and duties. Nonetheless, i ndemnification agreements ought to be evaded if possible; but physicians who are compelled to sign them should confirm they have sufficient insurance coverage, and that the insurer will reimburse the indemnification claims (Richards, n.d.). It is significant that physicians review their contracts with managed care organizations (MCOs) to detect any indemnification or financial risk clauses (Richards, n.d.). One should not just sign the papers because there might be substantial uninsured financial risks (Richards, n.d.). 

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According to Dyer (2019), a doctor worked for 6 years without indemnity insurance, but he availed fake information to appear covered. As such, he was removed from the UK medical register. He claimed that he did this due to uncooperative partners unwilling to join a group cover arrangement, work pressure, declining income, his inexperience with insurance, and family and personal stressors (Dyer, 2019). Nevertheless, since mistakes are bound to happen, healthcare professionals should take up insurance covers to evade financial losses while reimbursing patients and their families. 

References 

Dyer, C. (2019). GP who practised without indemnity insurance for six years is struck off. BMJ, l2181. doi:10.1136/bmj.l2181  

O’Donnell, J. and Vogenberg, F. (2014). Legal Risk Management Opportunities, Pharmacy Practice, and P&T Committees. Pharmacy and Therapeutics, [online] 39(8), pp.559-562,579. Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4123805/ [Accessed 14 Jul. 2019]. 

Richards, E. (n.d.).  Indemnification Agreements . [online] Biotech.law.lsu.edu. Available at: https://biotech.law.lsu.edu/map/IndemnificationAgreements.html [Accessed 14 Jul. 2019]. 

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StudyBounty. (2023, September 16). Indemnification: What You Need to Know.
https://studybounty.com/indemnification-what-you-need-to-know-coursework

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