Why is professional indemnity on a claims made basis?

Why is professional indemnity on a claims made basis?

Biological surveillance

The Law seeks to eliminate all procedural obstacles that could be raised, even laterally, against the fact of expropriation; it moderates those that can be used against the need for occupation and, finally, it tends to ensure against a malicious use of the recognized means, avoiding their use for merely disruptive purposes. An analysis, even a brief one, of our current legislative situation in relation to the assumptions of this Law, is extremely enlightening on this point.

Both the convenience of generalizing the criteria of this Law and that of repealing it have been studied, excluding the duality of procedures: one, of an ordinary nature, and the other applicable after a declaration of urgency. Both possibilities have been rejected for the following reasons.

The decision on the appeal against this resolution, which must be lodged within ten days of notification or publication, a decision that definitively settles the matter in question, entails the explicit declaration of the need for occupation and lifts the suspension caused by the claims. In the worst case, this suspension may not exceed one month.

Levels of reporting

There are few exceptions to this general rule, one of them being cosmetic surgery for beautification purposes, where the objective pursued is the aesthetic result. Those responsible for clinical laboratory analysis and pathologists are also obliged to report results.

In Argentina, following world trends, the most demanded specialty is obstetrics. This has to do mainly with the existence of a double risk, that of the mother and that of the newborn, with the possibility of serious sequelae often not expected and with very high future treatment costs. Traumatologists, general surgeons and cosmetic surgeons are also frequently in demand.

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Solidarity funds are mutual systems generally organized by medical corporations or medical associations, in which a fee is compulsorily added to the registration fee paid by the professional in order to form a solidarity economic fund to cover eventual indemnities that must be paid for lawsuits with sentences passed against physicians who are members of the association or medical circle.

Oms ergonomics

Professionals are not exempt from making mistakes or negligence in the development of their professional activity, or from making decisions that may be questioned by an unsatisfied client, or from delivering defective work or a service that does not meet the agreed specifications. In all these situations, Professional Liability insurance will be key to providing you with coverage against third-party claims and the peace of mind you need to focus on your business.

When the effects of a claim affect the personal sphere, the insured will have our support to seek the best psychological care to help them cope with this difficult situation.

When the effects of a claim affect the personal sphere, the insured will have our support to seek the best psychological care to help him/her cope with this difficult situation.

Accidental infringement of third party intellectual property is a real risk for technology companies, particularly those developing custom software. Our policy provides coverage for unintentional infringement of intellectual property rights (except patents and trade secrets).

Industrial hygiene

These “ad extra” actions of the Administrations are expressly mentioned in article 105 of the Constitution, which establishes that the Law shall regulate the hearing of citizens, directly or through the organizations and associations recognized by the Law, in the procedure for drawing up the administrative provisions that affect them, as well as the procedure through which administrative acts must be produced, guaranteeing, when appropriate, the hearing of the interested parties.

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In accordance with the constitutional framework described above, this Law regulates the minimum rights and guarantees that correspond to all citizens with respect to administrative activity, both in the exercise of the power of self-regulation and in the exercise of regulatory power and legislative initiative.

There are several relevant legislative precedents in this matter. The legislator has made the concept of administrative procedure evolve, adapting the form of action of the Administrations to the historical context and the social reality of each moment. Apart from the well-known Azcárate Law of October 19, 1889, the first complete regulation of the administrative procedure in our legal system is contained in the Administrative Procedure Law of July 17, 1958.