Claims Case Studies

Professional liability claims example: discussion forum

Case Study: Professional Liability

A charity providing support and information set up an online discussion forum. A vociferous member used this forum to express concerns and raised challenges against other forum members’ posts. Complaints and allegations of harassment followed resulting in the insured removing the discussion completely. The vociferous member brought a claim for implied defamation and alleged data protection issues.

Negligent completion of benefit form

When a housing benefit application was refused on the grounds of an incorrectly completed form, a claim ensued against a community centre employee who had helped the service user to complete the application.

Breach of professional duty

A care charity employed an agency worker to fill a gap in their staff without checking that the agency had provided appropriate training. The agency worker negligently injured a service user leading to a claim against the charity for breach of professional duty.

Inadequate background checks

Tenants of a predominately female residential care facility brought claims against the facility when a male tenant allegedly threatened and behaved offensively towards them. It transpired that the male tenant had been the subject of similar allegations at a previous residence, but suitable background checks had not been undertaken.

Failure in care planning

A care home was held liable when a resident suffered injury and anxiety as a result of the manager failing to design and implement an adequate care plan.

Inadequate supervision

A service user was burnt during a cooking lesson undertaken at a training centre that catered for adults with learning difficulties who lived independently. A family member made a claim alleging inadequate supervision.

Non compliance with visitation programme. A resident’s family brought a claim against a care provider for failing to follow an agreed visitation programme after their elderly relative suffered a seizure following a fall at home.

Our Insurer Partners Markel International were able to accommodate this risk.