Professional liability insurance of medical doctors


First part of the article author assigns to the study of possible reasons why in the EU member-countries professional liability insurance of medical doctors ranges between minor compulsory and major voluntary systems of insurance.

Definition, functions and features of professional liability insurance of medical doctors are compared with other professional providers’ liability insurance in the second part of the article.

Third part of the article investigates, from the point of Serbian Law, forms and types of medical doctors’ civil liability as possible insured risks.

In the fourth part author analyzes insurance clauses and exclusion clauses of the major domestic insurance companies and criticize, for the insured, unfavorable rules in those clauses.

In the conclusion, author describes reasons of its initiative for operation of professional liability insurance in compulsory way. Author suggests legal regulation should be complete and Serbian lawmaker’s should abandon practice of incomplete regulation of compulsory insurances. Furthermore, he suggests this type of insurance should be regulated as a form of individual and group insurance (by designation of the policyholder, insured and coinsured persons), defining insured risks, types of losses covered and exclusions, minimal sum insured per medical doctors’ specialization, mandatory application of bonus-malus system, body competent for fulfillment of duty to insured, penalties for policyholders, insured who did not fulfill their duty, sources for claims payment in case of uninsured, scope of supervision over this insurance operation and other elements making specific contract content of the professional liability of medical doctors insurance