Hi all,
I'm in my 18th year as an independent, incorporated, statistics consultant working primarily with the pharmaceutical and biotech industries. I DO have professional liability insurance at the recommendation of my attorney (I have access to a business attorney). The reason is that since I work with medical data as an agent for a pharma / biotech company, I can be sued by anyone who sues my client. I'd be "guilty by association" and without being incorporated and without liability insurance I could lose everything, including my home and other personal belongings. If a mistake is made, either by me directly or by someone else but I'm aware of it, I could be held liable. The insurance is protection.
Of course, it's up to everyone to decide whether to get it or not. Its an expense I'd rather not have, but if I ever find myself in a situation of need, I'll be glad its there!
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Nestor Rohowsky
Integrated Data Consultation Svcs, Inc.
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Original Message:
Sent: 01-17-2014 12:06
From: Douglas Splitstone
Subject: Professional Liability Insurance
By way of background, 2014 marks my 21st year in an independent consulting practice doing
business as a sole proprietor. Most of my practice has dealt with issues of environmental
compliance and remediation on behalf of major corporations in the chemical, steel and nuclear
industries.
I do not carry professional liability insurance nor have I ever felt the need to do so. Several of
the attorneys that I have had the privilege of working with have told me that professional liability
insurance was not necessary for what I do. Further, the company that carries my business and
personal insurance does not write professional liability insurance for statisticians.
That being said, it has become difficult for me to work directly for companies as their purchasing
departments have become increasingly risk adverse over the past 21 years. When the
professional liability insurance issue can not be resolved via agreement modification there is
usually a work around. In my case, the company either directs their major environmental
services contractor to retain my services or I am retained by outside counsel.
An independent consultant-chemist colleague of mine has proposed that when all else fails,
invoice the client for the policy premium. Make it the first line item on the first invoice and
make it clear that you won't start working on their problem until the invoice is paid and you have
the required professional liability insurance.
For those uninitiated, professional liability insurance is not the same as business liability
insurance. Business liability coverage is a part of a general business policy and covers bodily
injury, property damage and, personal and advertising injury.
Doug
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Douglas Splitstone
Principal
Splitstone & Associates
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