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
Abbreviations
  • CEO – Chief Executive Officer
  • CTU – Clinical Trials Unit
  • EC – Ethics Committee
  • ICH-GCP – International Council for Harmonisation - Good Clinical Practice
  • ISF – Investigator Site File
  • RA – Regulatory Authorities
  • Site-INV – Site Investigator
  • SP-INV – Sponsor Investigator
  • TMF – Trial Master File
Development ↦ Documents ↦ Required Documents ↦ Insurance and Contract
Study
Basic

Provides some background knowledge and basic definitions

Basic Monitoring
Concept

Starts with a study idea

Ends after having assessed and evaluated study feasibility

Concept Statistic Methodology
Concept Drug or Device
Development

Starts with confidence that the study is feasible

Ends after having received ethics and regulatory approval

Development Drug or Device
Set-Up

Starts with ethics and regulatory approval

Ends after successful study initiation

Set-Up Ethics and Laws
Set-Up Statistic Methodology
Set-Up Quality and Risk
Set-Up Drug or Device
Conduct

Starts with participant recruitment

Ends after the last participant has completed the last study visit

Conduct Statistic Methodology
Conduct Drug or Device
Completion

Starts with last study visit completed

Ends after study publication and archiving

Completion Drug or Device
Current Path (click to copy): Development ↦ Documents ↦ Required Documents ↦ Insurance and Contract

Please note: the Easy-GCS tool is currently under construction.