What is the

The vast majority of primary medical malpractice policies exclude claims arising from use of drugs not approved by the FDA i.e. cannabis. Further, as a Schedule 1 drug, it is federally illegal to prescribe, recommend or discuss the use of cannabis as treatment for a patient.

Your Malpractice Policy Likely Excludes

Any liability arising from the use of medications not approved by the FDA.

A violation arising out of any federal, constitutional, statute, ordinance, by-law, rule or regulation.

Federal Prohibitions

FDA Regulation: The willful non-compliance of any insured with any Food and Drug Administration (FDA) rules, regulations, and statutes found at Food and Drugs, 21 C.F.R. Chapter 1 § 1.1 to 1299, as amended and revised, or treating a patient with any drugs, medical devices, or biologics that have been disapproved or not yet approved by the FDA.

DEA Regulations: Schedule 1 drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. The Federal government classifies cannabis as a Schedule 1 drug.

Healthcare systems are challenged by the Cannabis Gap. Cannabis education and patient discussions potentially threaten the loss of federal funding. This impacts conversations between medical professionals and patients, further pushing them into the Cannabis Gap.

Physicians rely on malpractice insurance to defend against all lawsuits, regardless of merit. Without Pro Mal coverage, you will likely need to defend cannabis wrongful acts lawsuits out-of-pocket, putting your personal assets at risk.