Volunteer Work

KIMBERLY WYNKOOP, VP, OMIC General Counsel

Many ophthalmologists share their skills and knowledge without compensation to better the lives of others. They may engage in a wide range of volunteer work, including medical mission trips in low-resource areas where access to eye care is limited. Ophthalmologists might perform cataract surgeries, offer free eye exams, distribute prescription glasses, or treat common conditions like glaucoma. They might offer similar services closer to home, by volunteering in free or low-cost clinics, schools, or homeless shelters. Sometimes, ophthalmologists render unpaid emergency eye care services in areas affected by natural disasters, both near and far.

Organizations like Orbis International, SEE (Surgical Eye Expeditions) International, and Lions Clubs International often coordinate these efforts, providing platforms for ophthalmologists to volunteer their time and expertise. These organizations may provide medical professional liability insurance for their medical volunteers. If they do it would typically cover claims arising from services provided during the mission or at the volunteer site.

State Good Samaritan laws provide liability protection for healthcare professionals who volunteer in emergency situations. OMIC’s policy also protects you for Good Samaritan activities. The policy defines a “Good Samaritan” as a person who, in good faith, renders emergency medical care to an injured person at the scene of an accident or emergency without expecting to receive compensation from the injured person. While OMIC’s policy covers ophthalmologists only for treatment “within the ordinary and customary scope of practice of ophthalmologists,” OMIC considers non-ophthalmic treatment provided as a Good Samaritan to be within the ordinary scope of ophthalmologists. Because state Good Samaritan laws vary, OMIC strongly recommends that all insureds treating patients who have been injured in an emergency or disaster maintain at least basic documentation of any treatment rendered, including identifying information of the patient, a short narrative summary of the diagnosed condition, and specific medical care delivered. If a patient is unconscious or unable to communicate, Good Samaritan laws typically recognize that patients would want life-saving (or vision-saving) treatment, which allows a Good Samaritan to provide care without explicit consent.

Some states also have charitable immunity laws that offer liability protections for providers who volunteer at free clinics. OMIC recognizes and supports our insureds’ volunteer activities to support underserved communities. Therefore, OMIC also extends coverage to insureds who provide unpaid services that include both ophthalmic and basic non-ophthalmic services like general health check-ups. OMIC’s policy covers services rendered anywhere – inside or outside of the United States – as long as the claim is filed in one of the 50 states or the District of Columbia. Note, however, that claims are more likely to be filed in the jurisdiction where the services were provided or where the patient resides. Therefore, if you routinely provide services outside the US, we encourage you to obtain coverage from a carrier authorized to operate in the relevant country or territory. Please contact your Underwriting representative if you plan to provide services outside of the US as coverage is subject to Underwriting approval.

You may be wondering how volunteer activities affect your insurance coverage after retirement. OMIC provides a free extended reporting period (“tail”) endorsement to insureds upon retirement. Under a tail, you are covered for incidents that occurred between your retroactive date and the end of your final policy period that are reported after your policy terminates. OMIC’s policy defines retirement as the total and permanent discontinuance of the clinical practice of medicine for compensation. Therefore, you are still eligible for a free tail upon retirement even if you continue to perform volunteer, i.e., unpaid, services.

Activities you perform after your policy termination date are not covered under your tail. Therefore, if you are retired and providing volunteer services, you will want to make sure that the organization you are working with is providing medical malpractice insurance to you, or that you have a stand-alone policy for these activities. OMIC offers a volunteer services-only policy for such activities.

Follow these recommendations and contact your underwriter for more details.