Medicolegal advice and representation
Telephone advisory service
Members may phone us for advice to help resolve everyday dilemmas related to professional practice. Our panel lawyers take all calls for medicolegal advice during office hours, while our out-of-hours facility is available 24 hours a day, 365 days a year.
Clinical negligence claims
This represents about 20% of our caseload, but accounts for the largest proportion of annual expenditure, through indemnifying members for costs and damages payable in clinical negligence claims.
We can help members formulate a response to a complaint and assist and support them through to the resolution of a complaint. We work with members to look at why complaints arise and how to minimise the risks of recurrence.
We can provide advice and legal representation for regulatory council inquiries arising from health, performance, and professional conduct. We can help members from the outset, whether it be drafting a letter in response to a MCHK inquiry or providing high-calibre legal representation at a full hearing.
We provide advice and representation where members face allegations arising from the provision of clinical care to patients, concerning their professional conduct, competence and performance, or in relation to health problems that are having a significant effect on their clinical performance.
Preparing for inquests
We help members prepare a report for an inquest and advise them on how to conduct themselves at the inquest itself. If necessary, we can arrange for legal representation on their behalf.
Handling media attention
Where a member attracts adverse publicity, we can issue press statements and act as spokesperson to the media to shield them as far as possible from having to deal directly with the press.
We can help members who are the subject of criminal investigations that arise directly from their provision of clinical care to patients. This includes investigation or prosecution for culpable homicide.
We can also help members who face an allegation of indecent or sexual assault, if that arises from their bona fide clinical practice. It is unlikely that we would assist where the allegations arise from personal conduct.
Indemnity for “good Samaritan acts”
The benefits of MPS membership are available to members who are involved in a claim arising from a “good Samaritan act” anywhere in the world. A “good Samaritan act” is one in which medical assistance is given, free of charge, in a bona fide medical emergency upon which you may chance, in a personal as opposed to a professional capacity. Examples include roadside accidents and emergencies at public events you attend as a spectator.
In the unlikely event that legal proceedings follow, members would be entitled to apply for assistance, no matter in which country the legal proceedings are commenced.