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Do employee Veterinarians require their own Professional Indemnity? Are they automatically covered by their employer's policy? In short, all veterinarians should have their own PI policy.
While employers are often liable for the negligent acts of the employees, exceptions to this law do exist and instances may arise in which you (the employee) are directly liable for your actions.
Under common law, vicarious liability is where an employer is liable for negligent acts carried out by employees. In a general sense your employer is liable for negligence resulting from acts committed in the course of your employment that are authorised or seen as a mode of doing something that is authorised.
However, actions that fall outside your position description and that are negligent may render you liable. A grey line may also exist between actions that are clearly within the scope of your role as employee and those that go beyond this scope.
Under various state acts designed to protect animal health, safety and welfare, people in positions of authority (employers) are generally liable if their business is found guilty of an offence. A defence to such liability however is proof that they could not have prevented the event by exercising reasonable care.
Noting these exceptions, the potential for an employee to be out of pocket as a result of negligence clearly exists. Further more, even if you are not found liable, expenses may be incurred in the course of defending yourself.
Exposures
Exposures specific to employed veterinarians include:
Negligence claims: The potential exists for litigation to be directed against employers, employees or both in the event that allegations of negligence are made against the acting veterinarian.
Defamation, libel and slander: There is the potential for claims of this ilk to be made against you for actions that fall outside the scope of your employment.
Disciplinary proceedings: As a veterinarian you may also be asked to account for your professional abilities before a legally constituted veterinary board. This is one of the more common areas where an employee's policy will provide protection and access to legal representation.
Insuring against liability
Without professional indemnity insurance, human error can have a significant financial cost to you as an employed veterinarian, whether you are found liable or not.
Source: Australian Veterinary Journal May 2006 - Guild Insurance Limited
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