Obligation Type
Present Obligation
Does a present obligation exist from a past event?
IAS 37 Provision Assessment Toolkit — free PDF
Complete audit toolkit: IAS 37 recognition decision flowchart, measurement methodology guide, discounting worked examples, disclosure checklist, provision type cheat sheet, and journal entry templates.
No spam. Unsubscribe anytime.
IAS 37.14 — A provision shall be recognised when: (a) an entity has a present obligation from a past event; (b) it is probable that an outflow will be required; (c) a reliable estimate can be made.
IAS 37.36 — The amount recognised shall be the best estimate of the expenditure required to settle the present obligation at the end of the reporting period.
IAS 37.39 — Where there is a large population of items, the obligation is estimated by weighting all possible outcomes by their associated probabilities (expected value).
IAS 37.45 — Where the effect of the time value of money is material, the amount of a provision shall be the present value of the expenditures expected to settle the obligation.
IAS 37.72 — A constructive obligation to restructure arises only when an entity has a detailed formal plan and has raised a valid expectation in those affected.
IAS 37 Provisions in Healthcare
Healthcare entities face a provision landscape characterised by high-value clinical negligence claims, stringent regulatory compliance requirements, and the unique complexities of operating in a heavily regulated public-interest environment. Medical malpractice provisions are often the single largest IAS 37 item for healthcare organisations, with individual claims potentially reaching millions of euros and long settlement timeframes extending over many years. The probability assessment for clinical negligence claims requires careful judgement, often involving specialist legal and medical expert input. Healthcare provisions also include regulatory compliance penalties for clinical standards failures, data protection breaches involving sensitive patient information, and drug or medical device recall obligations. For publicly funded healthcare organisations, provisions for meeting governmental mandates and restructuring obligations add further complexity.
Measurement Considerations for Healthcare
Medical malpractice provisions should typically be assessed individually for significant claims using the single best estimate method (IAS 37.40), with specialist legal counsel providing probability assessments. For healthcare organisations with large volumes of lower-value clinical claims, the expected value method may be appropriate. The provision should include both the expected compensation payment and legal defence costs. Long-term claims (those expected to settle in more than one year) should be discounted to present value. Drug and medical device recall provisions should include the direct costs of recall (notification, logistics, replacement), estimated product liability claims, and any regulatory penalties. For pharmaceutical companies, the interaction between IAS 37 provisions and IAS 38 intangible asset impairment (for capitalised drug development costs) requires consideration when a product faces safety concerns.
Regulatory Context and Audit Considerations
Healthcare regulation creates both legal and constructive obligations that give rise to IAS 37 provisions. Clinical negligence claims arise from legal obligations under medical liability legislation. Regulatory compliance penalties are imposed by healthcare regulators (CQC in the UK, ANSM in France, BfArM in Germany) for failures in clinical standards, patient safety, or data protection. GDPR penalties for breaches involving patient health data can be particularly severe given the sensitive nature of medical information. Healthcare restructuring provisions must navigate complex stakeholder landscapes including patients, staff, regulators, and funding bodies, all of whom may need to be consulted before a valid expectation is created.
Common Provision Types in Healthcare
Medical malpractice and clinical negligence claims — can involve significant uncertain amounts and long resolution timeframes
Non-compliance with healthcare regulations, data protection (patient data GDPR), clinical standards failures
Service reconfiguration, department closures, hospital ward consolidation programmes
Clinical waste management, hazardous material remediation, pharmaceutical disposal obligations
Drug or medical device recall provisions, product defect claims, adverse reaction liabilities
Worked Example: Nordic Health Partners AS
A private hospital group is defending three separate medical malpractice claims. Legal counsel provides the following probability and amount assessments:
| Outcome | Probability | Amount |
|---|---|---|
| Claim A — orthopaedic complication, probable adverse outcome (75%) | 75% | €340.000 |
| Claim B — diagnostic delay, possible outcome (40%) | 40% | €890.000 |
| Claim C — surgical error, probable adverse outcome (80%) | 80% | €1.200.000 |
Claim A: 75% probability (>50%) — RECOGNISE provision at best estimate of €340,000. Claim B: 40% probability (<50%) — DISCLOSE as contingent liability only (€890,000 possible exposure). Claim C: 80% probability (>50%) — RECOGNISE provision at best estimate of €1,200,000. Total provision recognised: €340,000 + €1,200,000 = €1,540,000. Contingent liability disclosed: €890,000 (Claim B).