The Case

The College received a complaint from a clinic about the conduct and practice of a retired physiotherapist. The clinic raised the concern that the PT had practiced physiotherapy without having professional liability insurance. 

The clinic explained that the PT was hired and provided patient care without holding professional liability insurance. The clinic did not ask the PT for proof of liability insurance at the time of hire because they knew that registrants of the College must have liability insurance to treat patients. Therefore, the clinic assumed that the PT was covered by an insurance policy.  

During the physiotherapist’s time at the clinic, an incident occurred where a patient was burned by a hot pack. It was during the investigation of this incident that the PT informed the clinic that they decided not to purchase liability insurance that year. 

In the physiotherapist’s response, they explained that the clinic did not ask them about their professional liability insurance. When they were previously hired by other physiotherapy clinics, they were informed by the clinic owners that they did not require their own insurance because they would be covered by the clinic’s insurance. The PT said this led them to believe that it was the same situation at the new clinic.  

The Standards

According to the College’s By-Laws, physiotherapists in Ontario must hold valid professional liability insurance if providing patient care. It is a physiotherapist’s responsibility to check with their employer whether the employer has professional liability insurance coverage and whether that coverage protects the physiotherapist.  

If it doesn’t, it’s the physiotherapist’s responsibility to arrange their own insurance. Not only does professional liability insurance help to protect a physiotherapist in case of legal liability incurred through their physiotherapy practice, but it also helps to protect patients by providing them with a recourse for financial compensation if they are harmed or wronged by a physiotherapist. 

To register with the College, you need: 

    • A minimum coverage of $5 million dollars for the annual policy period
    • A liability limit of at least $5 million dollars per incident
    • No additional terms, conditions or exclusions, other than standard
    • No deductible
    • Tail insurance or extended coverage for a minimum of 10 years 

The Outcome

The physiotherapist was retired when the complaint was considered. As such, the Committee decided that if the PT returns to the physiotherapy profession in Ontario in the future, they will receive a formal caution regarding liability insurance.