Development↦Documents↦Required Documents↦Insurance and Contract
What is it? Why is it important?
Study insurance or liability coverage:
- Is required for all studies, as it guarantees participant compensation should they suffer harm as a result of study participation
- Is either covered through a hospital/institution or an additional third-party insurer
- Must cover damage / claims occurring up to 20 years after the completion of the study
During the study approval process (e.g. Ethics Committee, Swissmedic), the SP-INV must provide proof or insurance against claims arising from the study. An exception are claims arising from malpractice or negligence
Study contract or agreement:
- Is an arrangement between two or more involved parties (e.g. external and internal partners, collaborating Site-INV(s) and their institution(s)
- Defines and assigns delegated study tasks and responsibilities
- Documents financial aspects between the involved parties
The SP-INV provides each contract partner with an original fully dated and signed contract, involving all parties. The SP-INV must guarantee adequate finances from study start until completion
What do I need to do?
As a SP-INV:
- Find out the insurance requirements of your study
- Acquire a third-party insurer, if the hospital does not provide adequate insurance
- Set-up contract(s)/agreement(s) detailing any collaborating and financial aspects
- Ask your legal department to review and approve the contract(s)
- As applicable, forward contract(s)/agreement(s) to the Site-INV(s) and applicable partner(s) for approval
- File the fully signed contract/agreement and insurance certificate in the TMF
As a Site-INV:
- File the insurance certificate of the study in the ISF
- Review the contract/agreement provided by SP-INV
- Forward the contract/agreement to your hospital legal department for review and approval
- Return the fully signed contract(s) to the SP-INV and file a copy in the ISF
When submitting your study to EC and if applicable Swissmedic for approval, ensure to include the signed contract(s), and the study’s insurance certificate.
More
Prior to filing the dated and signed hard copies of the contract/agreement, ensure that:
- All relevant persons have dated and signed all available hard copies (e.g. the SP-INV, hospital/institution CEO, department director, Site-INV, other relevant partners).
- The legal department retains a hard copy of the contract/agreement
Where can I get help?
Your local Research Support Centre↧ can assist you with experienced staff regarding this topic
Basel, Departement Klinische Forschung (DKF), dkf.unibas.ch
Lugano, Clinical Trials Unit (CTU-EOC), ctueoc.ch
Bern, Department of Clinical Research (DCR), dcr.unibe.ch
Geneva, Clinical Research Center (CRC), crc.hug.ch
Lausanne, Clinical Research Center (CRC), chuv.ch
St. Gallen, Clinical Trials Unit (CTU), h-och.ch
Zürich, Clinical Trials Center (CTC), usz.ch
External Links
Swissethics – see in particular
- Insurance template
- Clinical study agreement template
References
ICH GCP E6(R3) – see in particular guidelines
- 3.14 Trial insurance
- Appendix B.15 Financing and insurance
- Glossary: Definition agreement
ISO 14155:2020 Medical devices - see in particular sections (access liable to cost)
- 5.6.2 Ethics submission
- 6.9 Agreements
- 9.3 Outsourcing
Declaration of Helsinki – see in particular principle
- 15 Subject compensation
Swiss Law
HRA – see in particular articles
- Art. 19 Liability
- Art. 20 Coverage
ClinO – see in particular articles and annex
- Art. 13 Requirements for liability coverage
- Art. 14 Protection of the injured party
- Annex 3 - 1.14/2.15/3.13/4.7 Ethics Application
ClinO-MD - Refer to ClinO
HRO – see in particular article and annex
- Art. 13 Coverage
- Annex 2 - 1.6/8.8 Ethics application